Published by Edinburgh University Press

Future Law

FULA

Volumes

Book 2022

Digital Death, Digital Assets and Post-mortem Privacy

Theory, Technology and the Law

Edina Harbinja

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Addresses the fundamental questions of how our data, online identity and digital assets are treated after death

Examines aspects of property, intellectual property, contract, succession and probate, privacy and data protection, jurisdiction and criminal law
Develops a new concept of postmortal privacy
Draws on 3 cases studies: the transmission of emails, online games such as World of Warcraft and social networks as the most typical, prominent and widely used types of assets
Puts forward policy suggestions, proposals for law reforms and sets out an innovative agenda which will open new avenues for research
Offers practical advice for the legal profession and users

Edina Harbinja examines the theoretical, technological and doctrinal issues surrounding online death and digital assets. By examining different areas of law, humanities and social science, she proposes the new concept of postmortal privacy (privacy of the deceased individuals) and provides answers and suggestions as to what happens to digital assets and online identity after death. Case studies draw on the transmission of emails, online games such as World of Warcraft and social networks to examine the legal issues surrounding these most prominent and widely used types of assets. Aspects of property, intellectual property, contract, succession and probate, privacy and data protection, jurisdiction and criminal law are considered. Harbinja puts forward policy suggestions, proposals for law reforms and sets out an innovative agenda which will open new avenues for research. Her useful consideration of current digital legacy tools and technologies also offers practical advice for users when it comes to their own estate planning.

DOI:: https://doi.org/10.1515/9781474485388
ISBN:: 9781474485388
Subject:: Law
Subject:: Law, other
Publisher:: Edinburgh University Press

Book Open Access 2022

Digisprudence: Code as Law Rebooted

Laurence Diver

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Reboots the debate on ‘code as law’ to present a new cross-disciplinary direction that sheds light on the fundamental issue of software legitimacy

Reinvigorates the debate at the intersection of legal theory, philosophy of technology, STS and design practice
Synthesises theories of legitimate legal rulemaking with practical knowledge of code production tools and practice
Proposes a set of affordances that can legitimise code in line with an ecological view of legality
Draws on contemporary technologies as case studies, examining blockchain applications and the Internet of Things

Laurence Diver combines insight from legal theory, philosophy of technology and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain formal characteristics if they are to be acceptable in a democracy. The resulting digisprudential affordances translate ideas of legitimacy from legal philosophy into the world of code design, to be realised through the ‘constitutional’ role played by programming languages, integrated development environments (IDEs), and agile development practice. The text interweaves theory and practice throughout, including many insights into real-world technologies, as well as case studies on blockchain applications and the Internet of Things (IoT).

Whenever you use a smartphone, website, or IoT device, your behaviour is determined to a great extent by a designer. Their software code defines from the outset what is possible, with very little scope to interpret the meaning of those ‘rules’ or to contest them. How can this kind of control be acceptable in a democracy? If we expect legislators to respect values of legitimacy when they create the legal rules that govern our lives, shouldn’t we expect the same from the designers whose code has a much more direct rule over us?

DOI:: https://doi.org/10.1515/9781474485340
ISBN:: 9781474485340
Subject:: Law
Subject:: Law, other
Publisher:: Edinburgh University Press

Book 2021

Technology, Innovation and Access to Justice

Dialogues on the Future of Law

Siddharth Peter de Souza, Maximilian Spohr

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Asks how technology can help people to access justice across the legal industry

Brings together leading judges, academics, practitioners, policy makers and educators from countries including India, Canada, Germany, United Kingdom South Africa and Nigeria
Offers a dialogue between theory and practice by presenting practical and reflective essays on the nature of changes in the legal sector
Analyses technological changes taking place in the legal sector, situates where these developments have taken place, who has brought it about and what impact has it had on society

While legal technology may bring efficiency and economy to business, where are the people in this process and what does it mean for their lives?

Around five billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices. Courts and legal institutions can often be out of reach because of costs, distance or a lack of knowledge of rights and entitlements and judicial institutions may be under-funded leading to poor judicial infrastructure, inadequate staff, and limited resources to meet the needs of those who require such services.

This book sets out to embed access to justice into mainstream discussions on the future of law and to explore how this can be addressed in different parts of the legal industry. It examines what changes in technology mean for the end user, whether an ordinary citizen, a client or a student. It looks at the everyday practice of law through a sector-wide analysis of law firms, universities, startups and civil society organisations. In doing so, the book provides a roadmap on how to address sector-specific access to justice questions and to draw lessons for the future. The book draws on experiences from judges, academics, practitioners, policy makers and educators and presents perspectives from both the Global South and the Global North.

DOI:: https://doi.org/10.1515/9781474473880
ISBN:: 9781474473880
Subject:: Law
Subject:: Law, other
Publisher:: Edinburgh University Press

Book 2020

Future Law

Emerging Technology, Regulation and Ethics

Lilian Edwards, Burkhard Schafer, Edina Harbinja

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How will law, regulation and ethics govern a future of fast-changing technologies?

Focuses on the practical difficulties of applying law, policy and ethical structures to emergent technologies both now and in the future
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
Asks where law might go next and how to regulate new-phase technology such as artificial intelligence, ‘smart homes’ and automated emotion recognition
Uses examples from popular culture such as books, films, TV and Instagram – including Black Mirror, Disney princesses, Star Wars, Doctor Who and Rick and Morty – to bring hypothetical examples to life

Bringing together cutting-edge authors from academia, legal practice and the technology industry, this book explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change.

Contributors

Paul Bernal Senior Lecturer, School of Law, University of East Anglia

Damian Clifford Flemish Research Council (FWO) Aspirant Fellow, KU Leuven Centre for IT & IP Law

Melissa de Zwart Dean of Law, Adelaide Law School, University of Adelaide

Catherine Easton Reader in Law, University of Lancaster

Lilian Edwards Professor of Law, Innovation and Society, Newcastle Law School, Newcastle University

Andres Guadamuz Senior Lecturer in Intellectual Property Law, University of Sussex

Rob Hamper PhD Candidate, University of New South Wales

Edina Harbinja Senior Lecturer in Media/Privacy Law, Aston Law School, Aston University

Andrew Katz Partner, Moorcrofts LLP, UK and Visiting Researcher, University of Skövde, Sweden

Michaela MacDonald Teaching Fellow, Queen Mary University, London

Alana Maurushat Professor of Cybersecurity and Behaviour, Western Sydney University

Miranda Mowbray Lecturer in Computer Science, University of Bristol

Andelka M Phillips Senior Lecturer, Te Piringa (Faculty of Law), University of Waikato, and Research Associate, Centre for Health, Law and Emerging Technologies (HeLEX), University of Oxford

Burkhard Schafer Professor of Computational Legal Theory, School of Law, University of Edinburgh

Lachlan D Urquhart Lecturer in Technology Law, School of Law, University of Edinburgh and Visiting Research Fellow, Horizon Digital Economy Research Institute, School of Computer Science, University of Nottingham

DOI:: https://doi.org/10.1515/9781474417631
ISBN:: 9781474417631
Subject:: Law
Subject:: Law, other
Publisher:: Edinburgh University Press

Book 2019

Buying your Self on the Internet

Wrap Contracts and Personal Genomics

Andelka M. Phillips

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Examines the direct-to-consumer genetic testing industry’s controversial use of ‘wrap’ contracts

Uses the example of DTC genetic testing companies using wrap contracts as their dominant means of governance to show the challenges that disruptive technologies pose for societies and for regulation
Reviews 71 wrap contracts used by DTC companies providing health testing
Explores broader issues with online contracting
Sets an agenda for improving regulation and the online contracting environment

This book provides an introduction to the world of personal genomics and examines the rise of the direct-to-consumer genetic testing industry (DTC) and its use of 'wrap' contracts. It explores the different types of tests available and the issues that this industry raises for law and society.

Find out more

Watch Andelka M. Phillips talking about DNA testing on the consumer affairs show Fair Go and their story on DNA Discovery

DOI:: https://doi.org/10.1515/9781474422604
ISBN:: 9781474422604
Subject:: Law
Subject:: Law, other
Publisher:: Edinburgh University Press