The emerging concern about software piracy and illegal or unauthorized use of information technology and software has been evident in the media and open literature for the last few years. In the course of conducting their academic assignments, the authors began to compare observations from classroom experiences related to ethics in the use of software and information technology and systems. Qualitatively and anecdotally, it appeared that many if not most, students had misconceptions about what represented ethical (...) and unethical behaviors in these realms. Clearly, one can argue that if college students are uncertain about what constitutes appropriate and inappropriate behavior then this uncertainty will be carried forward into their workplaces upon graduation. Furthermore, if their workplaces don't provide ethics training as a component of a new employee orientation program, one can project a potential for unintentional violations and infringements of copyrights and law in the field. This study was conducted among graduate and undergraduate students to gain insight into their attitudes, perceptions and understanding of some of the relevant ethics issues. A questionnaire of 11 statements was employed that described ubiquitous but most likely unethical (or surely dubious) behaviors in the prevailing business and academic environments. Each respondent was asked to evaluate each statement twice (once for “self” and once for “colleague”) on a five-option highly ethical (5) to neutral (3) to highly unethical (1) scale. The statements were worded such that lower instrument score was associated with higher ethical responses. The questionnaire's two-part structure was designed to solicit honest answers. The encouraging learning from this study was that the overall sample and its various sub-samples did not consider any of the eleven behaviors to be “ethical” or “highly ethical.” It was also encouraging to note that the overall sample and all sub-samples considered “highly unethical” those behaviors associated with personal privacy or property or outright theft. This indicated that moral judgment and probity prevail. The discouraging learning was that behaviors associated with the use of enterprise property were viewed as “neutral” i.e., neither “ethical” nor “unethical.” These findings suggested confusion and lack of clarity and definition around workplace deportment as it regards ethics in software and information technology use. The current study suggests that additional research needs to be conducted to define and clarify the issues, which in turn can form the basis for programs to rectify or at least ameliorate the situation. (shrink)

As policy makers place great hope in health information technology as a means to lower costs and achieve improvements in health care quality, safety, and efficiency, organizations at the forefront of building health information exchange networks attempt to weave the concept and function of informed consent into an evolving information-driven health care system. The vast amount of information that will become available to both health professionals and patients in the new HIT-driven environment can reasonably be (...) expected to affect the relationship between them in many ways, particularly in the area of informed consent. During this early stage of HIT adoption, it is critical that we engage in discussions regarding informed consent’s proper role in a heretofore unknown health care environment — one in which electronic information sharing holds primary importance. The central and largely unexamined question of whether and how the legal and ethical underpinnings of informed consent will fit into the context of HITenabled treatment is critical to both public policy and clinical practice. (shrink)

This paper illustrates the overlap of computer ethics and business ethics by examining two issues. The first is the lack of fit between digitalized information and copyright protection. Although there are moral arguments that can be used to justify protection of intellectual property, including computer software and digitalized data, the way that copyright protection has developed often reflects vested interests rather than the considered weighing of moral considerations. As a result, with respect to downloading MP3s, among other material, what (...) is ethical is largely determined by the appropriately passed laws in each jurisdiction, and what is ethically permissible in one jurisdiction may be ethically impermissible in another. The second issue is the outsourcing of IT jobs from the U.S. While the practice has been politicized, examining it from an all-things-considered perspective, this paper argues it is ethically justified. (shrink)

This paper illustrates the overlap of computer ethics and business ethics by examining two issues. The first is the lack of fit between digitalized information and copyright protection. Although there are moral arguments that can be used to justify protection of intellectual property, including computer software and digitalized data, the way that copyright protection has developed often reflects vested interests rather than the considered weighing of moral considerations. As a result, with respect to downloading MP3s, among other material, what (...) is ethical is largely determined by the appropriately passed laws in each jurisdiction, and what is ethically permissible in one jurisdiction may be ethically impermissible in another. The second issue is the outsourcing of IT jobs from the U.S. While the practice has been politicized, examining it from an all-things-considered perspective, this paper argues it is ethically justified. (shrink)

In this paper, we will review research done by the Large-Scale Integrated Photonics group at HP Laboratories, and in particular we will discuss applications of optical resonances in dielectric microstructures and nanostructures to future classical and quantum information technologies. Our goal is to scale photonic technologies over the next decade in much the same way as electronics over the past five, thereby establishing a Moore’s Law for optics.

The Centers for Disease Control and Prevention’s goal is to develop a surveillance system of public health laws that would both support research and analysis among policymakers and legislators, and support the scientific basis for public health law. This session was convened, in part, to discuss the value of creating an electronic system to track public health legal information. Public health surveillance is the “ongoing, systematic collection, analysis, interpretation, and dissemination of data regarding a health-related event for use in (...) public health action to reduce morbidity and mortality and to improve health. Data disseminated by a public health surveillance system can be used for immediate public health action, program planning and evaluation, and formulating research hypotheses.” There is currently no system available that meets the goals of this definition of “surveillance” for public health laws. (shrink)

One of the largest, oldest, and most interesting challenges in health care is the balancing act in which clinicians have generally uncontroversial duties both to individual patients and to communities. Physicians and nurses must — so we teach them — put patients first, and at the same time recognize that individuals are members of communities. Individuals affect the health of communities, and communities affect the health of individuals. Thus, the moral and professional duties that result are sometimes in conflict.Moreover, the (...) traditional, prosaic clinical encounter is evolving in an environment increasingly shaped by electronic health records, personal health records, pharmacogenomics and vast networks of data collection and storage for public health surveillance, human subjects research, health services evaluation, and comparative effectiveness research. Health information technology is changing everything. It would be perverse otherwise: imagine large amounts of data and information either ignored, missed, or collected and then ignored. (shrink)

Information technology is considered a potentially transformative element in the field of health care by payers, providers, vendors, and consumers alike. Because of this transformative potential, health information technology adoption is viewed by many as a key component of health system reform. HIT is in its earliest stages, with diffusion of the technology still relatively limited; at the same time, there is growing awareness of its potential to affect the operation of the entire health care (...) system as a result of the vast amount of information that will become available to both health professionals and patients. (shrink)

Modern information technologies rely on electronic and optical signals transmitting data, expressions, and other signals around the world. Digital networks account for trillions of dollars worth of worldwide commerce, but the nature of their objects is complicated and has proven to be a challenge for customary and legal modes of ownership for expressions. Intellectual property law governed expressions and inventions for the past couple hundred years, but software and other digital objects, due to their ephemeral and non-physical natures, pose (...) some ontological, ethical, and regulatory challenges discussed in this chapter. (shrink)

There are a variety of ethical and legal issues that arise with the growing use of health information technology in clinical settings. While privacy and confidentiality of information is an important consideration in any electronic system, some of the issues related to using these systems to improve patient safety include changes to the standard of care in regard to using electronic rather than paper medical records, user training, and assuring accurate information is in the medical record (...) and provided to users. There are other unique issues involved with the use of clinical decision support tools, exchange of health information across institutions, and the incorporation of genomic information into the clinical record. Informed consent for exchange of information as well as for the use of specialized tools will also be important to address. Health care information technology is rapidly improving and momentum is building for its expanded implementation. Strategies need to be developed to maximize the benefits of health information technology while minimizing the risks of harm associated with its implementation. The ethical issues raised in this article need to be addressed if the enormous potential of these systems to improve patient safety and quality of care is to be realized. Springer 2008. (shrink)

Physicians' duties to their patients traditionally have been construed narrowly in time and scope to focus on the specific episode of care or clinical encounter. Physicians generally have had no ethical or legal duty to notify patients about new medical information discovered after a visit, notwithstanding the health care benefits to patients that might flow from receiving the information. The rule was based on the relatively high burdens that notification would impose on physicians compared with the likelihood of (...) benefits to patients. This established view, however, no longer may be appropriate in light of new physician-patient relationships and the reduced burden of patient notification using new types of health information technology. This article explores the duty to inform patients and former patients about relevant, medical developments subsequent to their episode of care. It concludes by recommending the recognition in ethics and law of a limited, ongoing duty to notify patients of significant information relevant to their health. (shrink)

This review analyzes the social perspective of patient safety and how pharmacists should consider these elements when adopting health information technology (HIT) into their practice.

In discussions of health reform, the increased use of health information technology is a common element of nearly every serious proposal on the table. Health IT includes electronic health records kept by providers, personal health records offered by health insurance plans or owned by consumers, and electronic health information exchanges. Although health reform initiatives being discussed contain little detail regarding health IT, in general they promote health IT to facilitate the electronic sharing of health information to (...) improve individual and population health. During the 2008 presidential campaign, the health care proposals of both President Obama and Senator McCain discussed health IT. President Obama’s proposal invests $50 billion over the next five years to promote the adoption of health IT with privacy safeguards. Senator McCain’s plan also encouraged the adoption of health IT, with an emphasis on coordination. (shrink)

This book addresses issues on the nexus of freedom of and property in information, while acknowledging that both hiding and exposing information may affect our privacy. It inquires into the physics, the technologies, the business models, the governmental strategies and last but not least the legal frameworks concerning access, organisation and control of information. It debates whether it is in the very nature of information to be either free or monopolized, or both. Analysing upcoming power structures, (...) new types of colonization and attempts to replace legal norms with techno-nudging, this book also presents the idea of an infra-ethics capable of pre-empting our pre-emption. It discusses the interrelations between open access, the hacker ethos, the personal data economy, and freedom of information, highlighting the ephemeral but pivotal role played by information in a data-driven society. This book is a must-read for those working on the contemporary dimensions of freedom of information, data protection, and intellectual property rights. (shrink)

Health information technology is becoming increasingly prevalent in medical offices and facilities. Like President George W. Bush before him, President Obama announced a plan to computerize all Americans’ medical records by 2014. Computerization is certain to transform American health care, but to ensure that its benefits outweigh its risks, the federal government must provide appropriate oversight.President Obama’s stimulus legislation, the American Recovery and Reinvestment Act of 2009, dedicated $27 billion to the promotion of health information technology. (...) It provides payments of up to $44,000 per clinician under the Medicare incentive program and $63,750 per clinician under the Medicaid program. (shrink)

This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and - at times - substitute for, human work, such as automation, robots, (...) sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan's Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century. (shrink)

Women are drastically underrepresented in science, technology, engineering, and mathematics and this underrepresentation has been linked to gender stereotypes and ability related beliefs. One way to remedy this may be to challenge male bias gender stereotypes around STEM by cultivating equitable beliefs that both female and male can excel in STEM. The present study implemented a growth mindset intervention to promote children’s incremental ability beliefs and investigate the relation between the intervention and children’s gender stereotypes in an informal science (...) learning site. Participants were visitors to a science museum who took part in an interactive space science show. Participants who were exposed to a growth mindset intervention, compared to the participants in the control condition, reported significantly less gender stereotyping around STEM by reporting equitably in the stereotype awareness measure. Relatedly, participants in the control condition reported male bias gender stereotype in the stereotype awareness measure. Further, children between 5 and 8-years-old reported greater male bias stereotypes awareness and stereotype flexibility in space science compared to children between 9 and 12-years-old. Lastly, children demonstrated in-group bias in STEM ability. Male participants reported gender bias favoring males’ ability in stereotype flexibility and awareness measures, while female participants reported bias toward females’ ability in stereotype flexibility and awareness measures. These findings document the importance of a growth mindset intervention in buffering against STEM gender stereotyping amongst children, as well as the significant role a growth mindset intervention can play within an informal science learning site. (shrink)

The resuscitation of deliberative democracy in the Information Age requires the construction of transparent public spaces ‐ public arenas where power relationships between speakers are discernible and debate ensues according to the rules of civility and reason (conversational transparency). The metaphor of transparency, in the sense of legal accountability, also connects the role of communications regulation to the development of democratic political culture (legal transparency). Finally, transparency suggests the power of technology to obscure and hinder as well as (...) help the progress of deliberative democracy (technological transparency). (shrink)

Along with technical issues, biobanking frequently raises important privacy and security issues that must be resolved as biobanks continue to grow in scale and scope. Consent mechanisms currently in use range from fine-grained to very broad, and in some cases participants are offered very few privacy protections. However, developments in information technology are bringing improvements. New programs and systems are being developed to allow researchers to conduct analyses without distributing the data itself offsite, either by allowing the investigator (...) to communicate with a central computer, or by having each site participate in meta-analysis that results in a shared statistic or final significance result. The implementation of security protocols into the research biobanking setting requires three key elements: authentication, authorization, and auditing. Authentication is the process of making sure individuals are who they claim to be, frequently through the use of a password, a key fob, or a physical scan. Authorization involves ensuring that every individual who attempts an action has permission to do that action. Finally, auditing allows for actions to be logged so that inappropriate or unethical actions can later be traced back to their source. (shrink)

This encyclopedia entry provides an introductory examination information communication technology (ICT) as a subject of moral, social, and legal analysis. The entry begins with a survey of philosophical perspectives on human-computer interaction such as the moral agency of artifacts, mediation theory, trans or posthumanism, and extension theory. The entry then turns to survey normative and epistemic issues in ICT including the nature of socially disruptive technology, the outsourcing of human capabilities, privacy, echo chambers, epistemic bubbles, and the (...) effect of ICTs on moral virtue and attention. (shrink)

The theories of information ethics articulated by Luciano Floridi and his collaborators have clear implications for law. Information law, including the law of privacy and of intellectual property, is especially likely to benefit from a coherent and comprehensive theory of information ethics. This article illustrates how information ethics might apply to legal doctrine, by examining legal questions related to the ownership and control of the personal data representations, including photographs, game avatars, and consumer profiles, that have (...) become ubiquitous with the proliferation of information and communication technologies. Recent controversy over the control of player performance statistics in “fantasy” sports leagues provides a limiting case for the analysis. Such data representations will in many instances constitute the kind of personal data that information ethics asserts constitutes an information entity. Legal doctrine in some instances proves sympathetic to such an assertion, but remains largely inchoate as to which data might constitute a given information entity in a given instance. Neither is information ethics, in its current state of development, entirely helpful in answering this critical question. While information ethics holds some promise to bring coherence to this area of the law, further work articulating a richer theory of information ethics will be necessary before it can do so. (shrink)

Emerging technologies present a challenging but fascinating set of ethical, legal and regulatory issues. The articles selected for this volume provide a broad overview of the most influential historical and current thinking in this area and show that existing frameworks are often inadequate to address new technologies - such as biotechnology, nanotechnology, synthetic biology and robotics - and innovative new models are needed. This collection brings together invaluable, innovative and often complementary approaches for overcoming the unique challenges of emerging (...) class='Hi'>technology ethics and governance. (shrink)

Since the fourth century, B.C.E., the Oath of Hippocrates has been the starting point in analyzing the obligations of physicians to protect the privacy and confidentiality interests of their patients. The pertinent provision of the Oath reads as follows: “What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account must be spread abroad, I will keep to myself, holding such things shameful (...) to be spoken about.”This part of the Oath is subject to more than one interpretation, but its commonly accepted meaning provides the ethical foundation for the physician’s duty of confidentiality. The Oath expressly declares that a physician’s obligation of confidentiality applies beyond matters of medical care. At a time when there were no hospitals or physician offices, patients received medical care in their homes or in public places. Physicians treating patients in their homes could be expected to see and hear a wide range of activities that might be considered embarrassing, immoral, or even illegal. (shrink)

The proliferation of electronic databases is raising someimportant questions about how the evolving access to new or previously inaccessible information is likely to change the practice of law. This paper discusses TRAC, an interesting electronic source of previously inaccessible information that is currently used by members of the media, public interest groups, lawyers, and the federal government. Summaries, reports, and snapshots of TRAC's data can be accessed through a series of public web sites. TRAC's subscription service allows users (...) access to the data warehouse and data mining tools (see http://tracfed.syr.edu/info.html for more information). Additionally the paper examines how AI can be employed to assist for the legal profession in utilization of TRAC's data. Finally, it speculates about how TRAC and other new electronic data sources may impact the practice of law. (shrink)

The author argues economic analysis needs to be explicitly included in an overall theory of law and technology. Differing approaches to the economics of information are considered, and the copyright policy environment of the 1990s is taken as an example of how the lack of substantive economic analysis resulted in poor policy-making.

This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also "re-ontologizes reality", as propounded by Luciano Floridi's philosophy and ethics of information. The informational turn is transforming (...) our understanding of reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as "constraining affordances" guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings. (shrink)

Contemporary law offices use many different technologies for storing and retrieving documents produced in the course of legal work. This article examines two approaches in detail: document management, as exemplified by SoftSolutions, and electronic publishing, as exemplified by Folio VIEWS. Some other approaches are reviewed, and the pragmatics, politics, economics, and legalities of legal work product retrieval are discussed.

In light of the Fourth Industrial Revolution, the intervention of artificial intelligence in commercial transactions has expanded, and it has not remained a mere subject or subject of the contract, whether it is a material or moral product, but has gone beyond that to have a fundamental and effective role in concluding the contract as an electronic agent that makes the contract automated and concluded in whole or in part in an automated manner without human intervention. The UAE legislator was (...) interested in regulating its use, whether under the Electronic Transactions Law of 2006 and the current one of 2021, and referred to this possibility under the Trade through Modern Technology Law of 2023; It considers it an information program that represents the original principal and bears the effects of the transaction concluded with the intervention of artificial intelligence despite not granting the electronic agent legal personality. The integration of artificial intelligence and modern technology into commercial transactions has profoundly transformed the landscape of commercial law. Artificial intelligence techs, including natural language processing and machine learning algorithms, are increasingly utilized for contract formation, risk assessment, and dispute resolution. Such technologies enhance efficiency, decreases human error, and advance transactional processes, offering substantial advantages for businesses and consumers. Modern technology, consists of digital currencies, smart contracts, and blockchain, has further revolutionized commercial transactions through offering unprecedented levels of security, transparency, and automation. Blockchain technology warrants irreversible and provable records, while smart contracts perform automatically when predefined conditions are met. This minimizes the need for intermediaries and enhancing integrity of the transactions carried out. Additionally, this paper addresses the legal and regulatory responses to these technological advancements. Jurisdictions across the world are grappling with the need to update existing laws or come up with new ones in order to address the challenges posed by AI and modern tech in commerce. The dynamic nature of technology calls for a flexible and adaptive legal approach in order to make sure that commercial laws remains to be relevant and effective. (shrink)

After decades of deregulation and innovation, contemporary financial markets remain firmly anchored in law and legal institutions. The idea that private financial actors simply want to escape government oversight and regulation is simplistic as private interests find the coercive powers of the state too useful to forgo. Instead, such actors engage law selectively to create a more certain environment for themselves and their profit-seeking activities. Contract law adds certainty to financial transactions; law shapes how financial actors use information and (...) exploit information technology; law constitutes financial values; and law allows financial institutions to be turned into assets. Law’s application is shaped by changing conceptions of risk, as well as by new business models for financial institutions. (shrink)

In contemporary society, information unsurprisingly morphed into commodity. The IT industry that functions in the market economy and that perceives information as commodity encountered numerous problems that are related to specific features of information. These problems triggered two parallel developments aiming at the protection of intellectual property claimed for the creation of informational contents. On the one side, traditional intellectual property laws were expanded to cover certain aspects of privately owned or privately claimed cultural information. On (...) the other side, new technological devices were developed to provide technological protection for information defined as private property. Tensions and rivalry between both areas of regulation, legal and technological, became particularly visible within the debate about Digital Rights Management (DRM). This debate emerged as a response to institutionalized legal protection of intellectual property that was frequently perceived in the concerned industry as rigid and inadequate. Nowadays, tensions between legal and technological means of protection remain problematic in the emerging law of information. These tensions are rooted in mutually excluding economic interests, yet also in the concepts in which they are expressed and regulated. Therefore, this essay analyzes processes of concept creation in the named approaches to information perceived as commodity. It shows that the adequate solution of regulatory problems depends upon the clarification of conceptualization processes in legislative initiatives rather than on compromises related to economic interests of stakeholders taking part in the debate about the appropriate attribution of digital property rights. This essay concludes upon the idea that legislative measures constitute the most efficient mechanism to regulate social conflicts, not only in the area of digital law. As a further consequence of this finding, the author proposes an overhaul of the concept of copyright as the first step towards a better conceptual framing of the law of cultural contents. (shrink)

The paper examines how technology challenges conventional borders of national legal systems, as shown by cases that scholars address as a part of their everyday work in the fields of information technology (IT)-Law, i.e., computer crimes, data protection, digital copyright, and so forth. Information on the internet has in fact a ubiquitous nature that transcends political borders and questions the notion of the law as made of commands enforced through physical sanctions. Whereas many of today’s impasses (...) on jurisdiction, international conflicts of law and diverging interpretations of statutes can be addressed by embedding legal safeguards in ICT and other kinds of technology, to overcome the ineffectiveness of state action by design entails its own risks, e.g., threats of paternalism hinging on the regulatory tools of technology. Rather than modelling people’s behaviour by design, the article suggests that design policies should respect individual and collective autonomy by decreasing the impact of harm-generating behaviour (e.g., security measures and default settings for data protection), or by widening the range of people’s choices (e.g., user friendly interfaces). (shrink)

The paper examines the realignment of the legal sources in an information society, by considering first of all the differences with the previous system of sources, dubbed as the “Westphalian model”. The current system is tripartite, rather than bipartite, for the sources of transnational law should be added to the traditional dichotomy between national and international law. In addition, the system is dualistic, rather than monistic, because the tools of legal constructivism, such as codes or statutes, have to be (...) complemented with the rules of customary law and contracts. In light of the canonical version of the law as a set of commands enforced through the threat of physical sanctions, however, two further novelties must be stressed, namely the soft law-tools of governance as a source of the system and the aim to embed normative constraints into technology, in order to enforce the law through the use of filtering systems, self-enforcing technologies, etc. This latter approach impacts on functions and requirements of the system, by transferring the normative side of the law from the traditional “ought to” of legal commands to what actually is on the basis of automatic techniques, thus affecting the very notion of source. The overall aim of the paper is to show that rearrangements of the legal sources are intertwined with redistributions of power and hence, a normative standpoint is needed, so as to determine whether scholars can obtain the solution that best justifies the integrity of the law before its hard cases, or the answer is a reasonable compromise between many conflicting interests. (shrink)

PurposeThe purpose of the paper is to provide an overview of the legal implications which may be relevant to the ethical aspects of emerging technologies, to explore the existing situation in the area of legal regulation at EU level, and to formulate recommendations for the lawmakers.Design/methodology/approachThe analysis is based on the premise that the law is supposed to invoke moral principles. Speculative findings are formulated on the basis of analyzing specific emerging technologies; empirical findings are based on a research conducted (...) in the whole legal corpus of the EU.FindingsIn the area of network‐based technologies the already existing and elaborated legal frameworks can be used in an extended manner; artificial intelligence‐based technologies call for alterations in several branches of law; while interface technologies show the difficulty and complexity of regulating interdisciplinary fields. The legal implications of emerging technologies have attracted only a minimal legislative attention in the competent bodies of the EU.Originality/valueThe paper provides a systemic approach towards transmitting ethical norms to the application of emerging technologies through legal regulation, and formulates detailed recommendations in various areas of such technologies. (shrink)

In this paper, we employ Extended Cognition as a background for a series of thought experiments about privacy and common used information technology devices. Laptops and smart phones are now widely used devices, but current privacy standards do not adequately address the relationship between the owners of these devices and the information stored on them. Law enforcement treats laptops and smart phones are potential sources of information about criminal activity, but this treatment ignores the use of (...) smart devices as extensions of users’ cognitive capability. In Philosophy of Mind, Extended Cognition is a metaphysical theory about the relationship between consciousness or cognitive activity and various external tools or aids that agents employ in the service of cognition. Supporters of Extended Cognition argue that mental activity must be understood as taking place both within the brain and by way of tools such as a logician’s pen and paper, a mathematician’s calculator, or a writer’s word processing program. While Extended Cognition does not have universal support among philosophers of mind, the theory nevertheless describes how agents interact with their “smart devices.” We explore the the implications of taking Extended Cognition seriously with regard to privacy concerns by way of a series of thought experiments. By comparing the differences in expectations of privacy between a citizen and the government, between an employee of a corporate firm, and between citizens alone, we show that expectations of privacy and injury are significantly affected by taking the cognitive role of smart devices into account. (shrink)

This Article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of technological neutrality apparent in copyright jurisprudence. Ultimately, it is argued that true technological neutrality requires not simply the seamless expansion of legal rights into new technological contexts, but the careful, contextual recalibration of rights and interests (...) in light of shifting values and changing circumstances. As a normative principle, technological neutrality in copyright law thus demands a nuanced and relational understanding of the rights at play, and the social values that they seek to foster as technologies evolve. (shrink)

Technological developments increasingly enable monitoring and steering the behavior of individuals. Enforcement of the law by means of technology can be much more effective and pervasive than enforcement by humans, such as law enforcement officers. However, it can also bypass legislators and courts and minimize any room for civil disobedience. This significantly reduces the options to challenge legal rules. This, in turn, can impede the development of legal systems. In this paper, an analogy is made with evolutionary biology to (...) illustrate that the possibility to deviate from legal rules and existing norms is sometimes necessary for the further development of legal systems. Some room to break the law, for instance, through civil disobedience or imperfect enforcement of the law, will ensure sufficient variation. This allows for properly evolving legal systems that can continue to provide fair solutions, even when society and concepts of fairness further develop. (shrink)

This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity. Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called ‘data-driven agency’ threaten (...) privacy, identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Finally, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the rule of law. (shrink)

This paper connects to Jon Bing’s great vision of an integrated national legal information system. The intention of this paper is to variegate Bing’s vision of an integrated information system by shifting the focus to the lay users, thus to those, who are subject to the law. The modified vision is an integrated information system that supports intelligible access to law for the citizens. This presupposes however an unambiguous and transparent legal system. Accordingly, it is also stressed (...) that intelligent legal knowledge engineering has high potential to increase precision and rationality in law, and hence safeguard the predictability of law and legal certainty. The central hypothesis is that putting the person who is subject to the law at the centre provides more rational reason to aim for the greatest possible precision of law by exploiting the means and technologies of our time than to uphold strategic vagueness. On this basis, the paper proposes the development of a basic set of controllable and justiciable basic legal drafting standards on EU and on national level, and promotes a transparency by design approach for legal knowledge engineering in order to enhance precision, integrity, comprehensibility and accessibility of law. Similarly to Jon Bing’s vision, this modified vision of an integrated legal information systems is, most probably, also likely to remain unfulfilled. However, what would science be without visions and (science) fictions? (shrink)

PurposeThe information technology related ethical issues will only increase in frequency and complexity with the increasing diffusion of IT in economies and societies. The purpose of this paper is to explore Egyptian students' attitudes towards the information ethics issues of privacy, access, property, and accuracy, and it evaluates the possible impact of a number of personal characteristics on such attitudes.Design/methodology/approachThis research utilized a cross‐sectional sample and data set to test five hypotheses. It adopted an instrument to collect (...) the respondents' background information and assess their attitudes towards the information ethics issues of privacy, property, accuracy, and access. Egyptian business students at Alexandria University were asked to participate in the survey. A total of 305 responses were collected and analyzed.FindingsThe analysis revealed that students are sensitive to the ethicality of information privacy, information accuracy, and information access. However, students are insensitive to the ethicality of property right. In addition, years of education have a main effect on students' attitudes towards property, and gender and age have an interaction effect on students' attitudes towards access.Research limitations/implicationsThe findings of this research are based on a cross‐sectional data set collected from a sample of business students at a public university. Students, however, may make poor surrogates for business or IT professionals. Future similar research designs that employ large samples from Egyptian working professionals and students in other private and public universities are needed to verify the findings of this research.Practical implicationsThe findings suggest that the investigated university as well as the other similar Egyptian universities should consider integrating ethics education into their curricula. Teaching information ethics, especially from an Islamic perspective, is expected to positively influence students' information ethical attitudes. The enforcement of the existing property right protection laws should also curb software piracy in the Egyptian market.Originality/valueIt is vital to expand the ethical research currently being performed in IT in order to help bridge the gap between behavior and IT. The findings of this research extend the understanding of students' attitudes towards the information ethics issues in Egyptian culture and contribute to the growing body of knowledge on global information ethics. (shrink)

Information technology is so ubiquitous and AI’s progress so inspiring that also legal professionals experience its benefits and have high expectations. At the same time, the powers of AI have been rising so strongly that it is no longer obvious that AI applications (whether in the law or elsewhere) help promoting a good society; in fact they are sometimes harmful. Hence many argue that safeguards are needed for AI to be trustworthy, social, responsible, humane, ethical. In short: AI (...) should be good for us. But how to establish proper safeguards for AI? One strong answer readily available is: consider the problems and solutions studied in AI & Law. AI & Law has worked on the design of social, explainable, responsible AI aligned with human values for decades already, AI & Law addresses the hardest problems across the breadth of AI (in reasoning, knowledge, learning and language), and AI & Law inspires new solutions (argumentation, schemes and norms, rules and cases, interpretation). It is argued that the study of AI as Law supports the development of an AI that is good for us, making AI & Law more relevant than ever. (shrink)

Prenatal and preimplantation testing technologies have offered unprecedented access to information about the genetic and congenital makeup of our prospective progeny. Future developments such as preconception testing, non-intrusive prenatal testing and more extensive preimplantation testing promise to increase that access further still. The result may be greater reproductive choice, but it also increases the burden on women and men to avail themselves of these technologies in order to avoid having a child with a disability. The overwhelming question for legislators (...) has been whether and, if so, how to regulate the use of these technologies in the face of compelling but seemingly contradictory claims about the advancement of reproductive choice and the dangers of eugenic or discriminatory effects. This book examines the evolution of this legislative oversight across a number of jurisdictions and explores the tensions and ambiguities that inform these laws. (shrink)

The term information has become a universal and omnipresent keyword in almost all areas of our modern world—be it in science or society in general. This is not only obvious from the naming of whole scientific branches like Information Theory, Information Science or Informatics but even more from common speaking—characterising our present time and society as information age viz. information society. However, what information might mean, is by no means clear and there is a (...) wide range of interpretations covering, among others, its technical, communicational, educational, mental, and scientific aspects. But is the use of the same term justified when adopted in Biology, Physics, Archaeology, Law, Communication Technology, and Informatics (to list just a few of the involved scientific branches) or do its different uses at least have some common characteristics—some sort of common denominator? Is information natural, e.g. manifesting itself as a material phenomenon residing in organisms, stars, atoms, or genes, or is it just a cultural product of human communication, thinking, and interpretation? In this article, we try to clarify some of the most important interpretations, discuss and contrast them with the Informatics point of view. Interpretations range from taking information as material, transferable signals (following Shannon’s Information Theory or the genetic approaches), treating it as a sign (following a semiotic approach), as a commercial product (now common in Web-based Information Business) to considering it a pure mental phenomenon bound to humans or human-like individuals or even to groups and societies. Based on these interpretations, we shall throw a critical glance on current trends in human science and society—focusing on the now popular concept of information society —and then derive some theses and guidelines for further research escorting the growth and dispersal of information technology. As it will turn out, an information society which defines itself through the number of computers, internet connections and network links is based on a very narrow, techno-centric concept of information. However, a reflection on the educational and cultural aspects of information might lead to a better-qualified society consisting of responsible and critical citizens. (shrink)