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Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced? In Law in an Era of "Smart" Technology, Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, which were originally designed to prevent the "misuse" of older technologies. As technologies continue to develop over the next several decades, Brenner argues that the laws directed between human and technological relationships should remain neutral. She explains how older technologies rely on human implementation, but new "smart" technology will be completely automated. This will eventually lead to, as she explains, the ultimate progression in our relationship with technology: the fusion of human physiology and technology. Law in an Era of "Smart" Technology provides a detailed, historically-grounded explanation as to why our traditional relationship with technology is evolving and why a corresponding shift in the law is imminent and necessary.
"Smart Technologies and Fundamental Rights covers a broad range of vital topics that highlight the ethical, socio-political, and legal challenges as well as technical issues of AI with respect to fundamental rights. Either humanity will greatly profit from the use of AI in almost all domains in human life that may eventually lead to a much better and more humane society. Or, it could be the case that people may misuse AI for idiosyncratic purposes as well as intelligent machines may turn against human beings. Therefore, we should be extremely cautious with respect to the technological development of AI because we might not be able to control the machines once they reached a certain level of sophistication"--
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.
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.
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Law can keep up with rapid technological change by reflecting our evolving understanding of how humans use language to cooperate.
"This handbook provides a thorough discussion of the most recent wave of technological (and organisational) innovations, frequently called "smart" and based on the digitisation of information. The acronym stands for "Self-Monitoring, Analysis and Reporting Technology". This new wave is one in a row of waves that have shaken up and transformed the economy, society and culture since the first Industrial Revolution and even before and have left a huge impact on how we live, think, communicate and work: they have deeply affected the socioeconomic metabolism from within and mankind's footprint on our planet. The handbook analyses the origins of the current wave, its roots in earlier ones and its path-dependent nature; its current forms and actual manifestations; its multifarious impact on economy and society; and it puts forward some guesstimates regarding the probable directions of its further development. In short, the handbook studies the past, the present and the future of smart technologies and digitalisation. This cutting-edge reference will appeal to a broad audience, including but not limited to, researchers from various disciplines with a focus on technological innovation and their impact on the socioeconomic system; students across different fields but especially from economics, social sciences and law studying questions related to radical technological change and its consequences, as well as professionals around the globe interested in the debate of smart technologies and socioeconomic transformation, from a multi- and interdisciplinary perspective"--
The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.
We live in a world with an abundance of technologies and the technologies are developing and improving rapidly. Technologies are transforming our lifestyles, social interactions, and workplaces. Nearly everyone in the developed nations possesses multiple electronic gadgets (cell phones, tablets, personal computers, laptops, digital notebooks, etc.). Daily use of technology has evolved. Recent advances in the field of technology have led to the emergence of innovative solutions known as smart technologies. A technology is considered smart if it performs a task that an intelligent person can do. A smart or intelligent technology is a self-operative and corrective system that requires little or no human intervention. Smart technologies can be understood as a generalization of the concept of smart structures and the use of digital and communications technologies. They have given us new, powerful tools to work. Application of such technologies can transform the conventional cities into smart cities, conventional home into smart home, conventional farming into smart farming, etc. Today, we are in an era where everything is expected to be smart. Common examples include smart cities, smart factory, smart agriculture, smart farming, smart healthcare, smart university, smart medication, smart water, smart food, smart materials, smart devices, smart phones, smart grid, smart energy, smart homes, smart buildings, smart metering, smart appliances, smart equipment, smart heating controls, smart lighting systems, smart watch, smart economy, smart environment, smart grids, smart transportation, smart mobility, smart manufacturing, smart living, smart environment, smart people, etc. These technologies will ensure equity, fairness, and realize a better quality of life. The combined autonomy and ambience of smart technologies simultaneously provides the conduit through which our choices are affected. These smart technologies go hand-in-hand with a new technology called the Internet of things (IoT).
This book examines the introduction of smart technologies into public administrations and the organizational issues caused by these implementations, and the potential of information and communication technologies (ICTs) to rationalize and improve government, transform governance and organizational issues, and address economic, social, and environmental challenges. Cities are increasingly using new technologies in the delivery of public sector services and in the improvement of government transparency, business-led urban development, and urban sustainability. The book will examine specific smart projects that cities are embracing to improve transparency, efficiency, sustainability, mobility, and whether all cities are prepared to implement smart technologies and the incentives for promoting implementation. This focus on the smart technologies applied to public sector entities will be of interest to academics, researchers, policy-makers, public managers, international organizations and technical experts involved in and responsible for the governance, development and design of Smart Cities.