Laws | Special Issue : Technology, Social Media and Law

Research

260 KiB

Open AccessArticle

Reframing Risqué/Risky: Queer Temporalities, Teenage Sexting, and Freedom of Expression

by Lara Karaian and Katherine Van Meyl

Laws 2015, 4(1), 18-36; https://doi.org/10.3390/laws4010018 - 14 Jan 2015

Cited by 16 | Viewed by 9979

Canada recognizes young people’s constitutionally protected freedom of expression and consequently their right to engage in a narrow subset of consensual sexually expressive practices without being prosecuted as child pornographers. Nevertheless, numerous anti-sexting campaigns decry the possibility of voluntary and “safe sexting” let [...] Read more.

Canada recognizes young people’s constitutionally protected freedom of expression and consequently their right to engage in a narrow subset of consensual sexually expressive practices without being prosecuted as child pornographers. Nevertheless, numerous anti-sexting campaigns decry the possibility of voluntary and “safe sexting” let alone the affordances of adolescents’ self-produced and consensually shared sexual imagery. In this article, we argue that these actors have erred in their construction of youths’ risqué imagery as inherently risky and thus governable. We propose that anti-sexting frameworks—which conflate consensual and nonconsensual sexting and which equate both with negative risks that purportedly outweigh the value and benefits of the practice—rely on a calculus that is fundamentally flawed. This article consists of two main parts. In Part I, we map and trouble the ways in which responses to consensual teenage sexting emphasize the practice’s relationship to embodied, financial, intimate and legal risks. In Part II, we suggest that research examining consensual adolescent sexting and young people’s rights to freedom of expression consider alternative theoretical frameworks, such as queer theories of temporality, when calculating the risk of harm of adolescent sexual imagery. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

265 KiB

Open AccessArticle

Providing an Architecture Framework for Cyberjustice

by Benoit A. Aubert, Gilbert Babin and Hamza Aqallal

Laws 2014, 3(4), 721-743; https://doi.org/10.3390/laws3040721 - 17 Oct 2014

Cited by 1 | Viewed by 5531

Abstract

The paper illustrates how architecture can be used to show the contribution and the use of technology in the legal system. The models created enable the rapid identification of the stakeholders, their objectives, the technologies they use, and their goals. Such understanding helps [...] Read more.

The paper illustrates how architecture can be used to show the contribution and the use of technology in the legal system. The models created enable the rapid identification of the stakeholders, their objectives, the technologies they use, and their goals. Such understanding helps decision makers ensure that the tools and processes enabled by information technology (IT) are aligned with the goals of the legal system. The preliminary framework developed in the paper shows the feasibility and the contribution of such models on a larger scale. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

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211 KiB

Open AccessArticle

The Impact of Social Networks and Mobile Technologies on the Revolutions in the Arab World—A Study of Egypt and Tunisia

by Alana Maurushat, Mohamed Chawki, Hadeel Al-Alosi and Yassin El Shazly

Laws 2014, 3(4), 674-692; https://doi.org/10.3390/laws3040674 - 9 Oct 2014

Viewed by 11744

Abstract

Revolts in Tunisia and Egypt have led many observers to speak of the “first digital revolution” in the Arab world. Social media sites, such as Twitter and Facebook, are now recognised as the important tools that facilitated the “Jasmine Revolution”. In fact, the [...] Read more.

Revolts in Tunisia and Egypt have led many observers to speak of the “first digital revolution” in the Arab world. Social media sites, such as Twitter and Facebook, are now recognised as the important tools that facilitated the “Jasmine Revolution”. In fact, the willingness of the Mubarak government to block all internet connection in Egypt has demonstrated the concern over the power of new technologies in facilitating political change. The tenacity of the social movements that are still on-going in the Arab world continues to demonstrate the important role that networked technologies—such as the internet, satellite channels and social networking sites—play in revolutions. The revolutions demonstrate an effective use of social media and other network technologies as an organisational tool, and as a means of asserting pressure on current rulers and future governments. Accordingly, this article seeks to expose freedom of expression as a fundamental democratic principle and the internet network as a vehicle driving the demonstrations in the Arab countries of Tunisia and Egypt. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

208 KiB

Open AccessArticle

Does Avoiding Judicial Isolation Outweigh the Risks Related to “Professional Death by Facebook”?

by Karen Eltis

Laws 2014, 3(4), 636-650; https://doi.org/10.3390/laws3040636 - 29 Sep 2014

Cited by 1 | Viewed by 5614

Abstract

What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt [...] Read more.

What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt that fate, proactively addressing judicial social networking and its potential ramification for the administration of justice in the digital age? The immediate purpose of this article is to generate greater awareness of the issues specifically surrounding judicial social networking and to highlight some practical steps that those responsible for judicial training might consider in order to better equip judges for dealing with the exigencies of the digital realm. The focus is on understanding how to first recognize and then mitigate privacy and security risks in order to avoid bringing justice into disrepute through mishaps, and to stave off otherwise preventable incidents. This paper endeavors to provide a very brief overview of the emerging normative framework pertinent to the judicial use of social media, from a comparative perspective, concluding with some more practical (however preliminary) recommendations for more prudent and advised ESM use. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

263 KiB

Open AccessArticle

Students vs. Jurors: Responding to Enhanced Video Technology

by Meredith Rossner, David Tait and Jane Goodman-Delahunty

Laws 2014, 3(3), 618-635; https://doi.org/10.3390/laws3030618 - 9 Sep 2014

Cited by 1 | Viewed by 6880

Abstract

This study investigated the influence of visual media technologies used in remote witness testimony, examining whether it is suitable to use students as mock jurors when measuring the impact of new technologies. A 2 × 2 mixed factorial design explored how student status [...] Read more.

This study investigated the influence of visual media technologies used in remote witness testimony, examining whether it is suitable to use students as mock jurors when measuring the impact of new technologies. A 2 × 2 mixed factorial design explored how student status impacted ratings of the quality of the technology and remote witness facilities. A sample of 79 students and non-empanelled jurors from the Victorian Metropolitan County Court viewed direct questioning of four lay witnesses who testified from a remote location via standard or enhanced video technology. Students differed significantly from jurors in their attitudes towards media and technology. In responding to technology enhancements, students were similar in rating changes in the quality of the technology, but differed significantly in how they rated changes to the design of remote witness facilities. Students were thus a suitable sample to measure the effect of technological change in court on perceptions of technology, but not on perceptions of design. We conclude by stressing such technology enhancements can improve the quality of experience for all jurors. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

217 KiB

Open AccessArticle

Cyberbullying at Work: In Search of Effective Guidance

by Bettina West, Mary Foster, Avner Levin, Jocelyn Edmison and Daniela Robibero

Laws 2014, 3(3), 598-617; https://doi.org/10.3390/laws3030598 - 27 Aug 2014

Cited by 23 | Viewed by 10030

Abstract

With rapid technological change has come a blurring of boundaries between personal and workplace space. Employers are challenged to develop guidelines and policies to direct the appropriate use of technology to maintain a civil workplace. Because of the lack of shared understanding, or [...] Read more.

With rapid technological change has come a blurring of boundaries between personal and workplace space. Employers are challenged to develop guidelines and policies to direct the appropriate use of technology to maintain a civil workplace. Because of the lack of shared understanding, or even terminology, around the issue of cyberbullying, employers are seeking a response from lawmakers to assist with this issue. Lawmakers are reluctant to develop legislation prematurely, given the rapid change in the capabilities of technology, the diverse social norms about its use, and the uncertainty of the role and responsibility of employers in minimizing cyberbullying and facilitating a civil workplace environment. This Canadian study seeks insight into these emerging issues through in-depth interviews with human resource professionals representing diverse business and industry sectors. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

250 KiB

Open AccessArticle

A Pirate too Needs to be Heard: Procedural Compromises in Online Copyright Infringement Cases in the UK

by Poorna Mysoor

Laws 2014, 3(3), 553-579; https://doi.org/10.3390/laws3030553 - 22 Aug 2014

Viewed by 6353

Abstract

Online copyright infringement is one of the toughest challenges the content industry has faced in the twenty first century. Article 8(3) of the Information Society Directive, implemented under section 97A of the UK Copyright, Designs and Patents Act, 1988, provides an injunctive remedy [...] Read more.

Online copyright infringement is one of the toughest challenges the content industry has faced in the twenty first century. Article 8(3) of the Information Society Directive, implemented under section 97A of the UK Copyright, Designs and Patents Act, 1988, provides an injunctive remedy in response to such online infringement. Given the elusive nature of the website operators and the sheer number of their users, rights owners have turned to the Internet Service Providers (ISPs) to implement the injunctions granted under section 97A to block websites with infringing content. In their battle to keep pace with online infringers, the UK courts have permitted significant compromises to the procedures while granting these injunctive blocking orders. One of the pioneers in this line of cases in the UK is the Pirate Bay case (TPB case), which ruled as a matter of law that the procedure under Section 97A does not require the alleged infringers to be made parties to those proceedings. TPB case also marks the trend of the ISPs consenting to an order of injunction, and not defending the proceedings. This has resulted in the absence of any adverse party in the proceedings under section 97A. This threatens the basic tenets of procedural fairness and propriety, having adverse consequences on both the substantive and procedural aspects, evident in the cases that followed TPB case. This article examines the aspects of the judgment in TPB case that led to these procedural compromises, whether it had any basis in the pre-existing case law, what the nature of an injunction under section 97A is and how the subsequent line of cases have followed TPB case as a precedent. It further explores the adverse consequences of the procedural compromises and whether any safeguards are available against such compromises. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

243 KiB

Open AccessArticle

Crowdsourcing Sexual Objectification

by Carissima Mathen

Laws 2014, 3(3), 529-552; https://doi.org/10.3390/laws3030529 - 6 Aug 2014

Cited by 3 | Viewed by 8750

Abstract

This paper analyzes the criminal offence of the non-consensual distribution of intimate images (what some call “revenge porn”). Focussing on the debate currently underway in Canada, it notes that such an offence would fill a grey area in that country’s criminal law. Arguing, [...] Read more.

This paper analyzes the criminal offence of the non-consensual distribution of intimate images (what some call “revenge porn”). Focussing on the debate currently underway in Canada, it notes that such an offence would fill a grey area in that country’s criminal law. Arguing, more broadly, that the criminal law has an important expressive function, the paper posits that the offence targets the same general type of wrongdoing—sexual objectification—that undergirds sexual assault. While not all objectification merits criminal sanction, the paper explains why the non-consensual distribution of intimate images does and why a specific offence is legitimate. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

222 KiB

Open AccessArticle

From Research “Involving” Humans to Research “Affecting” Humans: A Proposal for a Principled Expansion of Research Ethics’ Jurisdiction to Create Traction for a Philosophy of Technology

by Madelaine Saginur

Laws 2014, 3(3), 509-528; https://doi.org/10.3390/laws3030509 - 4 Aug 2014

Viewed by 4322

Abstract

The field of research ethics offers a new approach to addressing the issues created by the unchecked development of technology. Research ethics could make a contribution, both substantively and procedurally, to help create a framework for reviewing the social and political consequences of [...] Read more.

The field of research ethics offers a new approach to addressing the issues created by the unchecked development of technology. Research ethics could make a contribution, both substantively and procedurally, to help create a framework for reviewing the social and political consequences of actual or proposed technological developments. This paper puts forth a proposal for a principled expansion of research ethics’ jurisdiction, specifically a move from “Research Involving Humans” to “Research Affecting Humans”, and undertakes a case study of “Web 2.0” to analyze whether a philosophy of technology based on research ethics might work. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

298 KiB

Open AccessArticle

Networked Memory Project: A Policy Thought Experiment for the Archiving of Social Networks by the Library of Congress of the United States

by Chloé S. Georas

Laws 2014, 3(3), 469-508; https://doi.org/10.3390/laws3030469 - 31 Jul 2014

Viewed by 6151

Abstract

This article explores the challenges posed by an archival interest in the broad palimpsest of daily life left on social networks that are controlled by private corporations. It addresses whether social networks should be archived for the benefit of future generations and proposes [...] Read more.

This article explores the challenges posed by an archival interest in the broad palimpsest of daily life left on social networks that are controlled by private corporations. It addresses whether social networks should be archived for the benefit of future generations and proposes a policy thought experiment to help grapple with these questions, namely, the proposal for the formation of the public interest-oriented Networked Memory Project by the Library of Congress for the archiving of social networks. My discussion of the challenges posed by this thought experiment will focus on the U.S. legal framework within which the Library of Congress operates and take Facebook. To the extent that social networks have user-generated contents that range from the highly “private” to “public” as opposed to other networked platforms that contain materials that are considered “public”, the bar for the historical archival of social networks is much higher. Almost every archival effort must contend with the legal hurdle of copyright, but the archiving of social networks must also address how to handle the potentially sensitive nature of materials that are considered “private” from the perspective of the social and legal constructions of privacy. My theoretical exercise of proposing the formation of the Networked Memory Project by the Library of Congress responds to the need to consider the benefits of a public interest-oriented archive of social networks that can counter the drawbacks of the incidental corporate archiving taking place on social networks. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

264 KiB

Open AccessArticle

Regulating Direct-to-Consumer Advertising of Prescription Drugs in the Digital Age

by Shannon Gibson

Laws 2014, 3(3), 410-438; https://doi.org/10.3390/laws3030410 - 9 Jul 2014

Cited by 19 | Viewed by 10941

Abstract

The increasing prominence of new Internet and social media technologies and their growing importance as a source of health information are pushing the pharmaceutical industry towards digital channels. This paper explores the potential impacts of the pharmaceutical industry’s increasing interest in online marketing [...] Read more.

The increasing prominence of new Internet and social media technologies and their growing importance as a source of health information are pushing the pharmaceutical industry towards digital channels. This paper explores the potential impacts of the pharmaceutical industry’s increasing interest in online marketing and considers how the existing regulatory framework in Canada translates into the social media sphere. Direct-to-consumer advertising (DTCA) of prescription drugs is prohibited in Canada, as it is in most industrialized countries. Although Health Canada has reaffirmed that the existing DTCA regulations apply to new Internet and social media technologies, new dynamics such as user-generated content, consumer propagation, and targeted marketing make applying the existing regulations an uncertain process. Moreover, certain problems often associated with DTCA may be exacerbated in the social media context. Finally, there is skepticism around whether government regulators have the resources or political will to effectively monitor new digital media. As such, this paper considers not only the role of direct government regulation in monitoring and enforcing the regulation of DTCA, but also the role of third party oversight and industry self-regulation—both of which may play an important role in filling the gaps in the regulation of the Internet and social media. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

229 KiB

Open AccessArticle

“Jones-ing” for a Solution: Commercial Street Surveillance and Privacy Torts in Canada

by Stuart Hargreaves

Laws 2014, 3(3), 388-409; https://doi.org/10.3390/laws3030388 - 4 Jul 2014

Cited by 1 | Viewed by 6884

Abstract

While street surveillance technologies such as Google Street View are deployed with no discriminatory intent, there is selective scrutiny applied to the published imagery by the anonymous crowd. Disproportionately directed at women and members of ethnic minority groups, this scrutiny means the social [...] Read more.

While street surveillance technologies such as Google Street View are deployed with no discriminatory intent, there is selective scrutiny applied to the published imagery by the anonymous crowd. Disproportionately directed at women and members of ethnic minority groups, this scrutiny means the social risks of street surveillance are not equal. This paper considers the possibility of invasion of privacy actions in tort brought against the commercial service provider as a possible solution. Analysis suggests that Canadian law has evolved in a way such that it is exceedingly difficult to make a claim for “privacy” in tort when the plaintiff is located in public space. This evolution exists in order to ensure that innocuous behavior not be rendered actionable. Furthermore, conceptual reasons exist to suggest that actions in tort are unlikely to be the best solution to the problems posed by commercial street surveillance. While any individual case of embarrassment or nuisance matters, broader “macro-harms” that impact entire communities reflect perhaps the most serious problem associated with the selective scrutiny of street surveillance imagery. Yet, it seems difficult to justify attaching liability for those harms to the commercial providers. While limits need to be placed on the operation of these street surveillance programmes, it is unlikely that invasion of privacy actions are the most effective way to achieve that goal. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

523 KiB

Open AccessArticle

Designing and Implementing e-Justice Systems: Some Lessons Learned from EU and Canadian Examples

by Giampiero Lupo and Jane Bailey

Laws 2014, 3(2), 353-387; https://doi.org/10.3390/laws3020353 - 24 Jun 2014

Cited by 19 | Viewed by 16345

Abstract

Access to justice has become an important issue in many justice systems around the world. Increasingly, technology is seen as a potential facilitator of access to justice, particularly in terms of improving justice sector efficiency. The international diffusion of information systems (IS) within [...] Read more.

Access to justice has become an important issue in many justice systems around the world. Increasingly, technology is seen as a potential facilitator of access to justice, particularly in terms of improving justice sector efficiency. The international diffusion of information systems (IS) within the justice sector raises the important question of how to insure quality performance. The IS literature has stressed a set of general design principles for the implementation of complex information technology systems that have also been applied to these systems in the justice sector. However, an emerging e-justice literature emphasizes the significance of unique law and technology concerns that are especially relevant to implementing and evaluating information technology systems in the justice sector specifically. Moreover, there is growing recognition that both principles relating to the design of information technology systems themselves (“system design principles”), as well as to designing and managing the processes by which systems are created and implemented (“design management principles”) can be critical to positive outcomes. This paper uses six e-justice system examples to illustrate and elaborate upon the system design and design management principles in a manner intended to assist an interdisciplinary legal audience to better understand how these principles might impact upon a system’s ability to improve access to justice: three European examples (Italian Trial Online; English and Welsh Money Claim Online; the trans-border European Union e-CODEX) and three Canadian examples (Ontario’s Integrated Justice Project (IJP), Ontario’s Court Information Management System (CIMS), and British Columbia’s eCourt project). Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

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245 KiB

Open AccessArticle

Revisiting Privacy and Dignity: Online Shaming in the Global E-Village

by Anne S.Y. Cheung

Laws 2014, 3(2), 301-326; https://doi.org/10.3390/laws3020301 - 6 Jun 2014

Cited by 24 | Viewed by 16098

Abstract

Since the introduction of new Web-based technology in the early 21st century, online shaming against those who have violated social norms has been proliferating fast in cyberspace. We have witnessed personal information of targeted individuals being disclosed and displayed for the purpose of [...] Read more.

Since the introduction of new Web-based technology in the early 21st century, online shaming against those who have violated social norms has been proliferating fast in cyberspace. We have witnessed personal information of targeted individuals being disclosed and displayed for the purpose of humiliation and social condemnation by the anonymous Internet crowd, followed often by harassment and abusive behavior online and offline, resulting in serious disruption of personal life. While public shaming as a form of criminal sanction has been widely discussed in present literature, social policing by shaming transgressions via the Internet is largely a new terrain yet to be explored and studied. Drawing on socio-legal literature on shaming and punishment, and jurisprudence from the English Courts on defamation, harassment and misuse of personal information and the European Court of Human Rights on the relationship between the right to private life and dignity, the discussion will explain how the role of dignity has informed the development of the right to privacy where its value has played a distinctive role. This refers especially to the context in which the plaintiffs could be said to be partly at fault as transgressor-victims. It argues that the recognition and protection of the dignity and privacy of an individual is necessary in order to arrive at norms and values inherent in decent participation in the e-village. In this article, the term “dignity” refers to one’s innate personhood, integrity and self-respect. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

205 KiB

Open AccessArticle

Access to Justice for Persons with Disabilities: An Emerging Strategy

by David Allen Larson

Laws 2014, 3(2), 220-238; https://doi.org/10.3390/laws3020220 - 27 May 2014

Cited by 8 | Viewed by 10692

Abstract

Persons with disabilities often find themselves marginalized by society and by our justice systems. We can improve access to justice by training better advocates. Advocates not only must be knowledgeable concerning relevant laws and regulations, but also must be able to interact effectively [...] Read more.

Persons with disabilities often find themselves marginalized by society and by our justice systems. We can improve access to justice by training better advocates. Advocates not only must be knowledgeable concerning relevant laws and regulations, but also must be able to interact effectively on a personal, professional level with persons who have disabilities. We also want to make certain that persons with disabilities have the opportunity to learn to advocate for themselves and for other persons with disabilities. Technologies are available that can help us accomplish these goals. This article provides a brief survey of legal protections (and gaps in such protection) for persons with disabilities. Successful advocate training programs from around the world are identified and described. The article provides examples of how technology is being used to support these efforts and provides suggestions regarding additional ways in which technology could be employed. Law schools around the world have begun to embrace the goal of better advocacy, but improving access will require well-prepared advocates to answer the call. Training advocates to provide services to a population that may have significantly different needs even within that population may be a more efficient and effective way to improve access to justice than by attempting to draft laws and regulations that somehow address all possible circumstances. Full article

(This article belongs to the Special Issue Technology, Social Media and Law)

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