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This book deals with questions of democracy and governance relating to new technologies. The deployment and application of new technologies is often accompanied with uncertainty as to their long-term (un)intended impacts. New technologies also raise questions about the limits of the law as the line between harmful and beneficial effects is often difficult to draw. The volume explores overarching concepts on how to regulate new technologies and their implications in a diverse and constantly changing society, as well as the way in which regulation can address differing, and sometimes conflicting, societal objectives, such as public health and the protection of privacy. Contributions focus on a broad range of issues such as Citizen Science, Smart Cities, big data, and health care, but also on the role of market regulation for new technologies.The book will serve as a useful research tool for scholars and practitioners interested in the latest developments in the field of technology regulation. Leonie Reins is Assistant Professor at the Tilburg Institute for Law, Technology, and Society (TILT) in The Netherlands.
The Regulatory Technology Handbook The transformational potential of RegTech has been confirmed in recent years with US$1.2 billion invested in start-ups (2017) and an expected additional spending of US$100 billion by 2020. Regulatory technology will not only provide efficiency gains for compliance and reporting functions, it will radically change market structure and supervision. This book, the first of its kind, is providing a comprehensive and invaluable source of information aimed at corporates, regulators, compliance professionals, start-ups and policy makers. The REGTECH Book brings into a single volume the curated industry expertise delivered by subject matter experts. It serves as a single reference point to understand the RegTech eco-system and its impact on the industry. Readers will learn foundational notions such as: • The economic impact of digitization and datafication of regulation • How new technologies (Artificial Intelligence, Blockchain) are applied to compliance • Business use cases of RegTech for cost-reduction and new product origination • The future regulatory landscape affecting financial institutions, technology companies and other industries Edited by world-class academics and written by compliance professionals, regulators, entrepreneurs and business leaders, the RegTech Book represents an invaluable resource that paves the way for 21st century regulatory innovation.
Examining the regulation of technologies, this book explores how the drive to harmonize regulatory policies across the world is at odds with the increasingly diverse local settings in which they are implemented. The authors use a 'framings' approach that starts with the concerns and experiences of technology users and works 'upwards' in order to examine how best to improve regulation. The book centres around two in-depth case study topics: regulation of transgenic cotton seed and regulation of antibiotics, compared across situations in China and Argentina. The authors examine how high-level initiatives in regulatory harmonization and regulatory capacity building compare with national policies, day-to-day enforcement realities on the ground, and with the way poorer users experience these technologies. Through these studies the authors offer ways to rethink regulation in order to realign the power and politics at play and create more effective regulation for technology users around the world. Published in association with the Economic and Social Research Council (ESRC).
"The market size and strength of the major digital platform companies has invited international concern about how such firms should best be regulated to serve the interests of wider society, with a particular emphasis on the need for new anti-trust legislation. Using a normative innovation systems approach, this paper investigates how current anti-trust models may insufficiently address the value-extracting features of existing data-intensive and platform-oriented industry behaviour and business models. To do so, we employ the concept of economic rents to investigate how digital platforms create and extract value. Two forms of rent are elaborated: 'network monopoly rents' and 'algorithmic rents.' By identifying such rents more precisely, policymakers and researchers can better direct regulatory investigations, as well as broader industrial and innovation policy approaches, to shape the features of platform-driven digital markets"--
Examines emerging assisted reproductive technologies that will revolutionise the future of human reproduction and their regulation.
The case for a smarter “prosumer law” approach to Internet regulation that would better protect online innovation, public safety, and fundamental democratic rights. Internet use has become ubiquitous in the past two decades, but governments, legislators, and their regulatory agencies have struggled to keep up with the rapidly changing Internet technologies and uses. In this groundbreaking collaboration, regulatory lawyer Christopher Marsden and computer scientist Ian Brown analyze the regulatory shaping of “code”—the technological environment of the Internet—to achieve more economically efficient and socially just regulation. They examine five “hard cases” that illustrate the regulatory crisis: privacy and data protection; copyright and creativity incentives; censorship; social networks and user-generated content; and net neutrality. The authors describe the increasing “multistakeholderization” of Internet governance, in which user groups argue for representation in the closed business-government dialogue, seeking to bring in both rights-based and technologically expert perspectives. Brown and Marsden draw out lessons for better future regulation from the regulatory and interoperability failures illustrated by the five cases. They conclude that governments, users, and better functioning markets need a smarter “prosumer law” approach. Prosumer law would be designed to enhance the competitive production of public goods, including innovation, public safety, and fundamental democratic rights.
How will law, regulation and ethics govern a future of fast-changing technologies? Bringing together cutting-edge authors from academia, legal practice and the technology industry, Future Law explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change. It focuses on the practical difficulties of applying law, policy and ethical structures to emergent technologies both now and in the future. It covers crucial current issues such as big data ethics, ubiquitous surveillance and the Internet of Things, and disruptive technologies such as autonomous vehicles, DIY genetics and robot agents. By using examples from popular culture such as books, films, TV and Instagram - including 'Black Mirror', 'Disney Princesses', 'Star Wars', 'Doctor Who' and 'Rick and Morty' - it brings hypothetical examples to life. And it asks where law might go next and to regulate new-phase technology such as artificial intelligence, 'smart homes' and automated emotion recognition.
Putting technology front and centre in our thinking about law, this book introduces Law 3.0: the future of the legal landscape. Technology not only disrupts the traditional idea of what it is ‘to think like a lawyer,’ as per Law 1.0; it presents major challenges to regulators who are reasoning in a Law 2.0 mode. As this book demonstrates, the latest developments in technology offer regulators the possibility of employing a technical fix rather than just relying on rules – thus, we are introducing Law 3.0. Law 3.0 represents, so to speak, the state we are in and the conversation that we now need to have, and this book identifies some of the key points for discussion in that conversation. Thinking like a lawyer might continue to be associated with Law 1.0, but from 2020 onward, Law 3.0 is the conversation that we all need to join. And, as this book argues, law and the evolution of legal reasoning cannot be adequately understood unless we grasp the significance of technology in shaping both legal doctrine and our regulatory thinking. This is a book for those studying, or about to study, law – as well as others with interests in the legal, political, and social impact of technology.
This book explains why AI is unique, what legal and ethical problems it could cause, and how we can address them. It argues that AI is unlike any other previous technology, owing to its ability to take decisions independently and unpredictably. This gives rise to three issues: responsibility--who is liable if AI causes harm; rights--the disputed moral and pragmatic grounds for granting AI legal personality; and the ethics surrounding the decision-making of AI. The book suggests that in order to address these questions we need to develop new institutions and regulations on a cross-industry and international level. Incorporating clear explanations of complex topics, Robot Rules will appeal to a multi-disciplinary audience, from those with an interest in law, politics and philosophy, to computer programming, engineering and neuroscience.
This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.