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data  enforcement  gdpr  intellectual property  intermediary liability  intermediary  law firms  law  liability  new  online  technology 
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Preview: International Journal of Law and Information Technology - current issue

International Journal of Law and Information Technology Current Issue

Published: Mon, 25 Dec 2017 00:00:00 GMT

Last Build Date: Tue, 30 Jan 2018 04:44:47 GMT


Virtual law firms: an exploration of the media coverage of an emerging archetype

Mon, 25 Dec 2017 00:00:00 GMT

Current changes in information and communication technology are likely to have large ramifications for how law firms organize and conduct their business. Published research addressing this contemporary phenomenon is still limited, however. To explore the impact of digitalization on the legal industry, we offer insights from a longitudinal media study of 204 articles published during the period 1990–2014 on the topic of ‘virtual law firms’. Our findings reveal a new organizational form with distinct characteristics that sets it apart from established forms described in archetype theory. The essence of this emerging archetype is an orientation towards increased cost efficiency, flexibility and improved work-life balance enabled by technology. The article also illustrates how the role of technology in virtual law firms have changed over time, from being a source of differentiation to enabling and supporting the business, and, finally, to becoming embedded in the organization as a commodity.

New challenges to personal data processing agreements: is the GDPR fit to deal with contract, accountability and liability in a world of the Internet of Things?

Wed, 20 Dec 2017 00:00:00 GMT

The increasingly complex data-processing reality created by new technologies, such as the ‘Internet of Things’ (IoT) underline the need for stakeholders to be clear about issues relating to responsibility for the personal data they process and/or control. The European General Data Protection Regulation (GDPR) expands the obligations of data processors and brings changes to the relationships between IoT stakeholders. To understand how the law operates in an IoT context, we need to analyse the complexity of the current legal state and map out grey areas. The focus of this article lies mainly on the contractual relationship between controllers and processors dealing with new technology, and changes to data controllers’ and data processors’ rights and obligations brought by the GDPR. The main aim is to investigate whether the GDPR is fit to deal with new technologies such as the IoT.

Why keep a dog and bark yourself? From intermediary liability to responsibility

Thu, 14 Dec 2017 00:00:00 GMT

This article contextualizes the recent developments in intermediary liability theory and policy within a broader move towards private ordering online. In this context, online intermediaries’ governance would move away from a well-established utilitarian approach and towards a moral approach by rejecting negligence-based intermediary liability arrangements. Miscellaneous policy tools—such as monitoring and filtering obligations, blocking orders, graduated response, payment blockades and follow-the-money strategies, private Domain Name System content regulation, online search manipulation, or administrative enforcement—might reflect this change in perspective. In particular, policy makers—and interested third-parties such as intellectual property rightholders—try to coerce online intermediaries into implementing these policy strategies through voluntary measures and self-regulation, in addition to validly enacted obligations. This process might be pushing an amorphous notion of responsibility that incentivizes intermediaries’ self-intervention to police allegedly infringing activities in the Internet. In this sense, the intermediary liability discourse is shifting towards an intermediary responsibility discourse. Furthermore, enforcement would be looking once again for an ‘answer to the machine in the machine’. By enlisting online intermediaries as watchdogs, governments would de facto delegate online enforcement to algorithmic tools. Due process and fundamental guarantees get mauled by technological enforcement, curbing fair uses of content online and silencing speech according to the mainstream ethical discourse.

Is there a legal basis for blocking injunctions under Sri Lankan law?

Tue, 21 Nov 2017 00:00:00 GMT

The Internet, in view of its expanse and the anonymity it offers to users, has posed significant challenges in the enforcement of Intellectual Property (IP) rights. This has motivated IP right-holders to alter their approach to IP enforcement—thus, instead of attempting to litigate against individual infringers, they have shifted their focus to intermediaries that provide access to or host online content. The purpose of this article is to consider whether the current procedural laws in Sri Lanka provide a basis for IP right-holders to seek injunctive relief against Internet Service Providers (ISPs) with the aim of compelling such intermediaries to adopt technical measures that block access to infringing online content—such injunctions being popularly known as ‘blocking injunctions’. It is concluded that neither the Intellectual Property Act 2003, the law governing the protection and enforcement of IP rights in Sri Lanka, nor the provisions in the Judicature Act 1971 or the Civil Procedure Code 1889 provide a proper legal basis for injunctions that could compel an ISP to implement blocking measures.

Beyond the Code: Protection of Non-Textual Features of Software, by Noam Shemtov

Thu, 16 Nov 2017 00:00:00 GMT

Beyond the Code: Protection of Non-Textual Features of Software, by ShemtovNoam, Oxford University Press, 2017, ISBN: 978-0-1987-1679-2, 288 pp, £95.00.