Mireille Hildebrandt

Bibi van den Berg

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.

The Philosophy of Law Meets the Philosophy of Technology

Information, Freedom and Property

This is the first textbook introducing law to computer scientists. The book covers privacy and data protection law, cybercrime, intellectual property, private law liability and legal personhood and legal agency, next to introductions to private law, public law, criminal law and international and supranational law. It provides an overview of the practical implications of law, their theoretical underpinnings and how they affect the study and construction of computational architectures. In a constitutional democracy everyone is under the Rule of Law, including those who develop code and systems, and those who put applications on the market. It is pivotal that computer scientists and developers get to know what law and the Rule of Law require. Before talking about ethics, we need to make sure that the checks and balances of law and the Rule of Law are in place and complied with. Though it is focused on European law, it also refers to US law and aims to provide insights into what makes law, law, rather than brute force or morality, demonstrating the operations of law in a way that has global relevance. This book is geared to those who have no wish to become lawyers but are nevertheless forced to consider the salience of legal rights and obligations with regard to the construction, maintenance and protection of computational artefacts. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

Law for Computer Scientists and Other Folk

Jeanne Gaakeer

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow ‘beings’ compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of ‘code and law’ and the other develops from the domain of ‘law and literature’. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice.

Human Law and Computer Law: Comparative Perspectives

Abiola Makinwa

Anna Oehmichen

"This edited volume developed from the international conference on 'Controlling security in a culture of fear,' hosted by Leyden University on 27th and 28th November 2008"--P. [5

Controlling Security in a Culture of Fear

Katja de Vries

Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.

Privacy, Due Process and the Computational Turn

Marie-Claire Foblets

Jacques Steenbergen

Dit Liber Amicorum presenteert een waaier van juridische, rechtstheoretische en rechtsfilosofische bijdragen, met een catalogus van prangende vragen binnen de domeinen waar Prof. (em.) Dr. René Foqué over doceerde en publiceert. De bijdragen zijn gegroepeerd rond vier thema's: - 1) Democratie en Rechtsstaat Andre Alen en Stef Feyen, Arthur Docters van Leeuwen, Paul Fris­sen, Marlies Galenkamp, Hans Gribnau, Ton Hol, Cees Maris, Herman Diederik Tjeenk Willink, Jozias van Aartsen, Wibren van der Burg, Luc Wintgens, Willem Witteveen - 2) Strafrecht en criminologie John Blad, Paul De Hert, Anhony Duff, Cyrille Fijnaut, Frank Hutsebaut, Constantijn Kelk, Jeroen Ten Voorde, Herman van Gunsteren, Jogchum Vrielink en Eva Brems - 3) Europees en internationaal recht, en global governance: Jaap de Zwaan, Marie-Claire Foblets, Krijn Haak, Ellen Hey, Mireille Hildebrandt, Koen Lenaerts, Jean-Marc Piret, Jacques Steenbergen, Jules Stuyck, Walter van Gerven, Valérie Verbist, Amaryllis Verhoeven, Jan Wouters en Kenneth Chan - 4) Interdisciplinariteit en rechtswetenschap: Jan Broekman, Martin Buijssen, Erik Claes, Johan De Groef, Frank Fleerackers, Jeanne Gaakeer, Serge Gutwirth, Ton Van Haaften, Marc Van Hoecke, Koo Van der Wal, Annalisa Verza

Liber Amicorum René Foqué

Irina Baraliuc

Liisa Janssens

Emre Bayamlioglu

Profiling the European citizen: why today's democracy needs to look harder at the negative potential of new technology than at its positive potential. This book contains detailed and nuanced contributions on the technologies, the ethics and law of machine learning and profiling, mostly avoiding the term AI. There is no doubt that these technologies have an important positive potential, and a token reference to such positive potential, required in all debates between innovation and precaution, hereby precedes what follows.

Being Profiled :Cogitas Ergo Sum

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

Novel Entanglements of Law and Technology

Smart Technologies and the End(s) of Law

Antoinette Rouvroy

Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports.

Kieron O’Hara

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, leading scholars in law, philosophy, computer science and politics examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice.

Mireille Hildebrandt

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