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Future Frontiers of Law and Technology, Volume 1: Technologies, Data and People

Edited by: Andelka M. Phillips, Edina Harbinja, Claudio Lomardi

ISBN13: 9781399567053
To be Published: February 2027
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £200.00





Critical perspectives on new and emerging technologies and the important challenges

  • Provides in depth coverage of new, emerging & future technologies and the law, including recent developments that have occurred since 2020
  • This includes coverage of developments in the Internet of Things and cyber-physical technologies and the experience of life and death in a digital world
  • It also provides coverage of developments in Generative AI, consumer focussed healthtech, such as Femtech, along with the use of Biometrics, and Cybercrime, including Image Based Abuse and technology facilitated Intimate Partner Abuse, as well as the Metaverse and sex with robots
  • Offers critical perspectives on issues raised by new and emerging technologies from emerging and established scholars across multiple jurisdictions
  • Offers critical perspectives on emerging technologies and the future of the protection of intellectual property rights
  • Offers diverse perspectives on approaches to governance and regulation of technologies
  • Brings together scholars based in or writing about aspects of the law in the following jurisdictions: Scotland; New Zealand; India; Hong Kong; the Republic of Ireland; USA; Mexico; Canada; China; the UK; Australia; the Netherlands; Germany; France; and the EU

In the past three decades, significant developments in computing technology have revolutionised the way we live and work and many of these technologies represent both future risks and benefits. Bringing together a range of perspectives on new and emerging technologies and their regulation, this book presents a variety of perspectives on key technological challenges in a global context. It will assist scholars, practitioners, students and policymakers in understanding cutting edge technologies and the challenges they represent for society and the law. It should assist with furthering debate on significant issues and improving governance of specific technologies.

It brings together a comprehensive and unique collection of emerging and established scholars across multiple jurisdictions including New Zealand, India, Hong Kong, Mexico, the Republic of Ireland, the UK, France, Australia, the Netherlands and Germany. The book focuses on issues related to privacy and data protection, autonomy, safety, cyber security and cybercrime, contract and consumer protection, competition, intellectual property and criminal law. Coverage includes developments in the Internet of Things, cyber-physical technologies, the experience of life and death in a digital world, developments in Generative AI, the use of Biometrics, cybercrime and the future of the protection of intellectual property rights. The collection also acknowledges that technologies are not neutral and several of the contributors also discuss the historical development of specific technologies.

This book is the first volume in a collection of two books. The second volume is entitled Future Frontiers of Law and Technology, Volume 2: Regulation and Governance in an Age of Future Risk. Together, these books explore the future frontiers of law and technology. They address themes of privacy and data protection, the exercise of autonomy, the impacts of technologies, and their regulation and governance, which are then further divided into important subthemes.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
Acknowledgements
Dedication
List of Contributors
Table of Abbreviations
Regulation of Gaming Spaces and future directions

Part I: My Home is No Longer My Castle: Legal Foundations for Governing a Data Driven World
1. Introduction to Future Frontiers of Law and Technology
Andelka M. Phillips, Claudio Lombardi, and Edina Harbinja
Introduction to the Future Frontiers of Law and Technology collection
Technology in an Age of Future Risk
Future Frontiers of Law and Technology, Volume 1: Technologies, Data and People
Regulation of Gaming Spaces and future directions

2. The Expansion of Privacy Torts in the Common Law World
Regulation of Gaming Spaces and future directions
Róisín Á Costello
Introduction
From Property to Personality-based privacy torts
Expanding Tort Law to Recognise ‘The Right to Privacy’
Conclusion: An Ever Expanding Action?
Regulation of Gaming Spaces and future directions

3. Let’s Get (Cyber) Physical: Australian legal implications
Kayleen Manwaring and Annabelle Lee
Introduction
Understanding Cyber-Physical Technologies: The Concept of an 'eObject'
Key Challenges Arising from Cyber-Physical Technologies
Cyber security
Data collection and use
Conclusion and Future Directions
Regulation of Gaming Spaces and future directions

4. Pipe Dreams. From Second Life and Google Glass to Twitter and the Metaverse, why technological fantasies persist and (almost) always end in failure
Paul Bernal
Introduction
‘Ev’rybody wants to be a cat…because a cat’s the only cat who knows where it’s at.'
Google Glass and related technology
Brave New World
Winning social media: Musk and Twitter
What works, and what doesn’t?
Regulation of Gaming Spaces and future directions

5. Comparative Assessment of Non-Personal Data Access Frameworks
Vikas Kathuria
Introduction
Nature of Data Access Rights
From Ownership to Data Access Rights of Users in the EU
Frameworks to Accord Data Access Rights
Comparative Assessment of Different Frameworks
Conclusion
Regulation of Gaming Spaces and future directions

6. Incident Response and Data Protection Law
Andrew Nicholas Cormack
Introduction
Importance of Incident Response
Incident Response and GDPR
Stages of Incident Response
Legal Bugs
Other Mutually-Beneficial Applications
Regulation of Gaming Spaces and future directions

Part II: All Our Data Will Be Held Against Us – Privacy, Safety, Autonomy, & Property in a Data Driven World
Part 2.1 Hacking everything. How Can We be Safe in a Cyber Physical World? Possible alternative – Future Frontiers of Safety, Cyber Security and Cybercrime. How Can We be Safe in a Cyber Physical World?
7. Parallel lines: why anti-doping is like cybersecurity
Wendy Grossman and Jon Crowcroft
Parallels
Threat models
Incentives
Alternatives
Lessons
8. Technology-facilitated violence: wrongs against persons and the realm of criminal law in the digital age
Marthe Goudsmit Samaritter
Introduction
Capturing non-physical wrongs against persons: the criminalisation of image-based sexual abuse
The challenge: wrongfulness of non-physical violence
Understanding the infringed: personhood as a theoretical foundation for criminal law
The digital age unveils our relational nature
Personhood effects on criminal law: the wrongness of non-physical infringements
Concluding remarks
Regulation of Gaming Spaces and future directions

9.Combatting Technology-Facilitated Abuse in the Smart Home Through Corporate Digital Responsibility
Rebecca Owensa and Jehana Copilah-Alib
Introduction
What are Smart Home Devices?
The Unintended Consequences of Smart Home Devices
Issues with the UK's Current Legislative Response
Towards a Corporate Digital Responsibility Framework
Concluding Thoughts
Regulation of Gaming Spaces and future directions

10. Hyper-Collection and Identity Crime: How the Need for Data Feeds Technology-based Offending
Brendan Walker-Munro
Introduction
What is Identity Crime?
Hyper-Collection and Identity Crime
Conclusion
Regulation of Gaming Spaces and future directions

11. Respect For Contextual Integrity: A Framework for Designing Safe and Age-Appropriate Digital Environments for Children
Joseph Savirimuthu
Introduction
The Age-Appropriate Design Code: An overview
Contextual Integrity: A New Analytical Framework for Children's Lifeworlds
Conclusion
Regulation of Gaming Spaces and future directions

Part 2.2 Owning Everything. How Can We Protect People, Privacy, and Autonomy in a Cyber Physical World?
12. Femtech: Intimate Biodata and Bodily Autonomy
Helen Oliver
Introduction
Background
The Quantified Woman V The Law
Data as an Exploitable Commodity in the US
Post-Dobbs Efforts at Regulation in the US
Conclusion
Regulation of Gaming Spaces and future directions

13. The Use of Prenatal Testing Technologies to Select Against Disability: Recent Developments, and Future Directions
Heloise Robinson
Introduction
The Conflict Model, and the Expressivist Argument
The Expressivist Argument and the Law
Future Directions: Technologies and Pregnancy
Regulation of Gaming Spaces and future directions

14. The Regulation of Biometric Information in New Zealand – A Case Study
Kylie Jackson-Cox
Introduction
Biometric Information
Privacy Act 2020
Development of the Biometric Code
The Biometric Code
Future Directions
Conclusion
Regulation of Gaming Spaces and future directions

15. Techno-legal Determinism in EU Law: Accuracy in Biometrics
Margaret Warthon
Introduction
From indexed cards to Agentic biometrics
Accuracy, neutrality, and the deterministic narrative
Techno-legal determinism in EU law: The GDPR, the AI Act, and the limits of technical transparency
An Illustration, XAI and Legal Transparency Requirements
Concluding remarks: accuracy as the central problem
Regulation of Gaming Spaces and future directions

16. The politics of postmortem privacy
Mauricio Figueroa
Introduction
The emergence of postmortem privacy
Postmortem privacy: a defying principle.
Three loci of tensions
Reflections on heterogeneity
Conclusion
Regulation of Gaming Spaces and future directions

17. Sexbots and the Law: Criminal & Privacy Perspectives
Madi McCarthy
Introduction
Criminal Law
Privacy Law
Conclusion
Regulation of Gaming Spaces and future directions

Part 2.3. Future Frontiers of Creation. Intellectual Property, Competition Law & Beyond in an AI world.
18. Competition and Innovation in Developing Countries
Thomas Cheng
Introduction
Innovation in Developing Countries
Competition and Innovation in Developing Countries
Conclusion
Regulation of Gaming Spaces and future directions

19. Automated enforcement of copyrighted works in digital scenarios: New perspectives derived from Artificial Intelligence
Jesus Manuel Niebla Zatarain, Virginia Berenice Niebla Zatarain and Gonzalo Armienta Hernandez
Introduction
New Artificial Intelligence and the arrival of generative technology in copyright law
Copyright implications of artificial generation of artistic works
Conclusions
Regulation of Gaming Spaces and future directions

20. Spectrum of transparency and secrecy in the AI-assisted public sector decision-making in the European Union
Ida Varošanec
Introduction
Nuances of transparency
Nuances of secrecy
Transparency and secrecy in EU law and beyond
Transparency and secrecy on a spectrum through the lens of trust
Conclusion
Regulation of Gaming Spaces and future directions

21. Distributed Ledger Technology-empowered gaming spaces: Copyright, Virtual Property, and Gaming Governance
Salvatore Fasciana
Introduction
Features of Distributed Ledger Technology (DLT)
DLT as Digital Right Management 2.0 for gaming performance
DLT as catalyst for virtual property
DAO as decentralized governance for game spaces
Regulation of Gaming Spaces and future directions

Index