Digital Technologies And The Law Of Obligations

Author : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 234 pages
File Size : 41,6 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000432602

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Digital Technologies and the Law of Obligations by Zvonimir Slakoper,Ivan Tot Pdf

Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.

Author : International Monetary Fund,Jose Garrido
Publisher : International Monetary Fund
Page : 31 pages
File Size : 55,7 Mb
Release : 2022-01-27
Category : Electronic
ISBN : 9781616358754

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Keeping Pace with Change: Fintech and the Evolution of Commercial Law by International Monetary Fund,Jose Garrido Pdf

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.

Author : Federico Costantini,Anthony Forsyth
Publisher : Cambridge Scholars Publishing
Page : 177 pages
File Size : 43,5 Mb
Release : 2019-08-01
Category : Law
ISBN : 9781527537866

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Legal Issues in the Digital Economy by Federico Costantini,Anthony Forsyth Pdf

It is a matter of fact that technological innovation is deeply impacting on our culture, society, economy and labour market. The massive and widespread use of Artificial Intelligence and the strengthening of the collaborative economy (also known as ‘gig’ or ‘platform’ economy) are blurring the traditional legal categories and creating new requirements for protection for employed and self-employed workers. This book represents a tool to understand where we are and where we are going, focusing on old and new legal categories and labour market policies. The chapters included in this volume cover different disciplines, such as legal informatics, labour law, social security law, civil law, and tort law, in order to offer scholars and legal specialists an overall view of ongoing changes, challenges and opportunities from a European Union law perspective.

Author : Jonathan Andrew,Frédéric Bernard
Publisher : Bloomsbury Publishing
Page : 370 pages
File Size : 47,5 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781509938858

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Human Rights Responsibilities in the Digital Age by Jonathan Andrew,Frédéric Bernard Pdf

This book examines the tangled responsibilities of states, companies, and individuals surrounding human rights in the digital age. Digital technologies have a huge impact – for better and worse – on human lives; while they can clearly enhance some human rights, they also facilitate a wide range of violations. States are expected to implement efficient measures against powerful private companies, but, at the same time, they are drawn to technologies that extend their own control over citizens. Tech companies are increasingly asked to prevent violations committed online by their users, yet many of their business models depend on the accumulation and exploitation of users' personal data. While civil society has a crucial part to play in upholding human rights, it is also the case that individuals harm other individuals online. All three stakeholders need to ensure that technology does not provoke the disintegration of human rights. Bringing together experts from a range of disciplines, including law, international relations, and journalism, this book provides a detailed analysis of the impact of digital technologies on human rights, which will be of interest to academics, research students and professionals concerned by this issue.

Author : Ben Wagner,Matthias C. Kettemann,Kilian Vieth
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 50,6 Mb
Release : 2024-06-12
Category : Electronic
ISBN : 9781785367724

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Research Handbook on Human Rights and Digital Technology by Ben Wagner,Matthias C. Kettemann,Kilian Vieth Pdf

In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. This contemporary Research Handbook offers new insights into well-established debates by framing them in terms of human rights. It examines the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, its contributions draw on law, political science, international relations and even computer science and science and technology studies.

Author : Tanel Kerikmäe,Addi Rull
Publisher : Springer
Page : 233 pages
File Size : 54,8 Mb
Release : 2016-02-22
Category : Law
ISBN : 9783319268965

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The Future of Law and eTechnologies by Tanel Kerikmäe,Addi Rull Pdf

This book presents groundbreaking discussions on e-residency, cryptocurrencies, scams, smart contracts, 3D printing, software agents, digital evidence and e-governance at the intersection of law, legal policies and modern technologies. The reader benefits from cutting-edge analyses that offer ideas and solutions to some of the most pressing issues caused by e-technologies. This collection is a useful tool for law and IT practitioners and an inspiring source for interdisciplinary research. Besides serving as a practical guideline, this book also reflects theoretical dimensions of future perspectives, as new technologies are not meant to change common values but to accommodate them.

Author : Stefan Grundmann
Publisher : European Contract law and Theory
Page : 0 pages
File Size : 46,9 Mb
Release : 2018
Category : Contracts
ISBN : 1780684770

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European Contract Law in the Digital Age by Stefan Grundmann Pdf

The book offers an overview of the interactions between digital technologies and contract law, focusing largely on the two Proposals of the EU Commission of 2016 on digital contracting and digital contents.

Author : Doron Goldbarsht,Louis de Koker
Publisher : Springer Nature
Page : 316 pages
File Size : 45,8 Mb
Release : 2022-02-04
Category : Law
ISBN : 9783030880361

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Financial Technology and the Law by Doron Goldbarsht,Louis de Koker Pdf

Blockchains and cryptocurrencies, open banking, virtual assets, and artificial intelligence have become the buzzword of this decade. This book focuses on these ‘disruptive’ financial technologies that provide alternatives to the traditional financial services typically offered by regulated financial institutions. Financial technologies are characterized by the innovative ways in which they initiate, support or extend traditional financial services or offer alternative financial pathways and products. However, these financial technologies also pose money laundering and terrorist and proliferation financing as well as cyber security risks that require mitigation. This edited volume addresses a range of regulatory and enforcement challenges related to financial technology and financial crime. The book responds to the United Nations’ Sustainable Development Goals, in particular in relation to economic development, employment, national security, law enforcement and social well-being. Fostering responsible financial innovation promotes long-term economic growth, inclusion, and improved living standards. This book explores how to promote financial innovation while mitigating risks in a way that ensures financial prosperity and social inclusion.

Author : Daniel T. Stabile,Kimberly A. Prior,Andrew M. Hinkes
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 50,6 Mb
Release : 2020-07-31
Category : Law
ISBN : 9781789907445

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Digital Assets and Blockchain Technology by Daniel T. Stabile,Kimberly A. Prior,Andrew M. Hinkes Pdf

This key textbook examines the financial growth and success of digital assets in the contemporary economy. As digital assets and other blockchain applications mature, and regulatory authorities work hard to keep pace, three leading attorneys in the field invite students to consider the legal frameworks pertinent to regulating this new method of exchange. In this, the first textbook of its kind, the authors explore the growth of smart contracts, the application of securities laws to token sales, the regulation of virtual currency businesses, the taxation of digital assets and the intersection of digital assets and criminal law.

Author : National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on the Impact of Copyright Policy on Innovation in the Digital Era
Publisher : National Academies Press
Page : 103 pages
File Size : 55,6 Mb
Release : 2013-05-30
Category : Technology & Engineering
ISBN : 9780309278959

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Copyright in the Digital Era by National Research Council,Policy and Global Affairs,Board on Science, Technology, and Economic Policy,Committee on the Impact of Copyright Policy on Innovation in the Digital Era Pdf

Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.

Author : Alberto De Franceschi,Reiner Schulze,Michele Graziadei,Oreste Pollicino,Federica Riente,Salvatore Sica,Pietro Sirena
Publisher : Unknown
Page : 343 pages
File Size : 44,9 Mb
Release : 2019
Category : Artificial intelligence
ISBN : 3406743870

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Digital Revolution - New Challenges for Law by Alberto De Franceschi,Reiner Schulze,Michele Graziadei,Oreste Pollicino,Federica Riente,Salvatore Sica,Pietro Sirena Pdf

Author : Eric Hilgendorf,Jochen Feldle
Publisher : Nomos Verlag
Page : 140 pages
File Size : 49,5 Mb
Release : 2018-03-02
Category : Law
ISBN : 9783845289304

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Digitization and the Law by Eric Hilgendorf,Jochen Feldle Pdf

Neue Technologien bedeuten neue Herausforderungen für das Recht. Das Internet ist kein Neuland mehr, kritische Themen wie Cyberattacken, Privatsphäre, der Schutz Minderjähriger oder auch das Cloud Computing sind jedoch keinesfalls ausdiskutiert. Die zunehmende Digitalisierung und Technisierung beschränkt sich nicht auf das World Wide Web. Der automatisierte Straßenverkehr ist ein ebenso zukunftsweisendes Thema, dessen Entwicklung rechtlich begleitet werden muss. Im vorliegenden Band sind Forschungsarbeiten von Rechtwissenschaftlern aus Deutschland, den USA, Kanada und Griechenland zusammengefasst. Die von Prof. Eric Hilgendorf und Prof. Susanne Beck herausgegebene Reihe Robotik und Recht widmet sich der Diskussion praxisrelevanter Rechtsfragen zu Robotik, Technisierung und Digitalisierung. Mit Beiträgen von Prof. Eric Hilgendorf, Prof. Susanne Beck, Prof. Mark Kende, Prof. Ari Ezra Waldman, Prof. Maria Kaiafa-Gbandi, Prof. Sara Sun Beale and Peter Berris, Prof. Frank Peter Schuster

Author : Marcelo Corrales Compagnucci,Mark Fenwick,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 271 pages
File Size : 40,8 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781509937042

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Smart Contracts by Marcelo Corrales Compagnucci,Mark Fenwick,Stefan Wrbka Pdf

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

Author : Larry A. DiMatteo,Michel Cannarsa,Cristina Poncib-
Publisher : Cambridge University Press
Page : 500 pages
File Size : 45,7 Mb
Release : 2019-10-31
Category : Law
ISBN : 1108492568

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The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms by Larry A. DiMatteo,Michel Cannarsa,Cristina Poncib- Pdf

The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.

Author : Mart Susi
Publisher : Routledge
Page : 400 pages
File Size : 41,7 Mb
Release : 2019-05-31
Category : Law
ISBN : 9781351025379

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Human Rights, Digital Society and the Law by Mart Susi Pdf

The Internet has created a formidable challenge for human rights law and practice worldwide. International scholarly and policy-oriented communities have so far established a consensus regarding only one main aspect – human rights in the internet are the same as offline. There are emerging and ongoing debates regarding not only the standards and methods to be used for achieving the "sameness" of rights online, but also whether "classical" human rights as we know them are contested by the online environment. The internet itself, in view of its cross-border nature and its ability to affect various areas of law, requires adopting an internationally oriented approach and a perspective strongly focused on social sciences. In particular, the rise of the internet, enhanced also by the influence of new technologies such as algorithms and intelligent artificial systems, has influenced individuals’ civil, political and social rights not only in the digital world, but also in the atomic realm. As the coming of the internet calls into question well-established legal categories, a broader perspective than the domestic one is necessary to investigate this phenomenon. This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the internet, which are at the focus of current academic debates. It provides a comprehensive analysis with a forward-looking perspective of bringing order into the somewhat chaotic online dimension of human rights. It addresses the matter of private digital censorship, the apparent inefficiency of existing judicial systems to react to human rights violations online, the uncertainty of liability for online human rights violations, whether the concern with personal data protection overshadows multiple other human rights issues online and will be of value to those interested in human rights law and legal regulation of the internet.