Law, Governance and Technology Series

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Latest release: January 19, 2024
Series
60
Books

About this ebook series

Approaches to legal ontologies constitutes a collective reflection on the foundations of legal ontology engineering, by exploring current methodologies and theoretical approaches to defining legal ontologies, their divergences and complementarity and the challenges still to be faced. It gathers contributions from leading experts regarding their theoretical commitments and methodological approaches derived from a long experience in the area and presents a mature reflection on achievements and current shortcomings. The various authors reconstruct their concrete methodological frameworks by retrieving the more or less explicit theoretical choices that have guided their work on legal ontology engineering over the last years. This results in the presentation of apparently opposed but in fact complementary rationales for ontology building in the legal domain (legal-theoretical, sociolegal, philosophical, among others) that address the various dimensions of legal knowledge and its conceptual modelling. The book provides the reader with a unique source regarding the current theoretical landscape in legal ontology engineering as well as on foreseeable future trends for the definition of conceptual structures to enhance the automatic processing and retrieval of legal information in the Semantic Web framework. It will thus interest researchers in the domains of the SW, legal informatics, Artificial Intelligence and law, legal theory and legal philosophy, as well as developers of e-government applications based on the intelligent management of legal or public information to provide both back-office and front-office support.
Approaches to Legal Ontologies: Theories, Domains, Methodologies
Book 1 · Dec 2010 ·
0.0
Approaches to legal ontologies constitutes a collective reflection on the foundations of legal ontology engineering, by exploring current methodologies and theoretical approaches to defining legal ontologies, their divergences and complementarity and the challenges still to be faced. It gathers contributions from leading experts regarding their theoretical commitments and methodological approaches derived from a long experience in the area and presents a mature reflection on achievements and current shortcomings. The various authors reconstruct their concrete methodological frameworks by retrieving the more or less explicit theoretical choices that have guided their work on legal ontology engineering over the last years. This results in the presentation of apparently opposed but in fact complementary rationales for ontology building in the legal domain (legal-theoretical, sociolegal, philosophical, among others) that address the various dimensions of legal knowledge and its conceptual modelling. The book provides the reader with a unique source regarding the current theoretical landscape in legal ontology engineering as well as on foreseeable future trends for the definition of conceptual structures to enhance the automatic processing and retrieval of legal information in the Semantic Web framework. It will thus interest researchers in the domains of the SW, legal informatics, Artificial Intelligence and law, legal theory and legal philosophy, as well as developers of e-government applications based on the intelligent management of legal or public information to provide both back-office and front-office support.
Mobile Technologies for Conflict Management: Online Dispute Resolution, Governance, Participation
Book 2 · Jun 2011 ·
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Mobile phones are the most ubiquitous communications technology in the world. Besides transforming the way in which we communicate, they can also be used as a powerful tool for conflict prevention and management. This book presents innovative uses of mobile technologies in the areas of early warning, disaster and humanitarian relief, governance, citizens’ participation, etc. and cuts across different regions. The book brings together experts and practitioners from different fields—mobile technologies, information systems, computer sciences, online dispute resolution, law, etc.—to reflect on present experiences and to explore new areas for research on conflict management and online dispute resolution (ODR). It also reflects on the transition from present ODR to future mobile Dispute Resolution and discusses key privacy issues. The book is addressed to anyone involved in conflict prevention and dispute management aiming to learn how mobile technologies can play a disruptive role in the way we deal with conflict.
Legal Ontology Engineering: Methodologies, Modelling Trends, and the Ontology of Professional Judicial Knowledge
Book 3 · Aug 2011 ·
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Enabling information interoperability, fostering legal knowledge usability and reuse, enhancing legal information search, in short, formalizing the complexity of legal knowledge to enhance legal knowledge management are challenging tasks, for which different solutions and lines of research have been proposed.

During the last decade, research and applications based on the use of legal ontologies as a technique to represent legal knowledge has raised a very interesting debate about their capacity and limitations to represent conceptual structures in the legal domain. Making conceptual legal knowledge explicit would support the development of a web of legal knowledge, improve communication, create trust and enable and support open data, e-government and e-democracy activities. Moreover, this explicit knowledge is also relevant to the formalization of software agents and the shaping of virtual institutions and multi-agent systems or environments.

This book explores the use of ontologism in legal knowledge representation for semantically-enhanced legal knowledge systems or web-based applications. In it, current methodologies, tools and languages used for ontology development are revised, and the book includes an exhaustive revision of existing ontologies in the legal domain. The development of the Ontology of Professional Judicial Knowledge (OPJK) is presented as a case study.

Legislative XML for the Semantic Web: Principles, Models, Standards for Document Management
Book 4 · Jun 2011 ·
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This volume examines the basic layers of the standard-based creation and usage of legislation. In particular, it addresses the identification of legislative documents, their structure, the basic metadata and legislative changes. Since mature technologies and established practices are already in place for these layers, a standard-based approach is a necessary aspect of the up-to-date management of legislative resources.

Starting out with an overview of the context for the use of XML standards in legislation, the book next examines the rationale of standard-based management of legislative documents. It goes on to address such issues as naming, the Akoma-Ntoso document model, the contribution of standard-based document management to handling legislative dynamics, meta-standards and interchange standards. The volume concludes with a discussion of semantic resources and a review on systems and projects.

Privacy Impact Assessment
Book 6 · Jan 2012 ·
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Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found that 70 per cent of organisations surveyed had suffered a data breach in the previous year.
Privacy impact assessment is a tool, a process, a methodology to identify, assess, mitigate or avoid privacy risks and, in collaboration with stakeholders, to identify solutions.
Contributors to this book – privacy commissioners, academics, consultants, practitioners, industry representatives – are among the world’s leading PIA experts. They share their experience and offer their insights to the reader in the policy and practice of PIA in Australia, Canada, New Zealand, the United Kingdom, the United States and elsewhere.
This book, the first such on privacy impact assessment, will be of interest to any organisation that collects or uses personal data and, in particular, to regulators, policy-makers, privacy professionals, including privacy, security and information officials, consultants, system architects, engineers and integrators, compliance lawyers and marketing professionals.
In his Foreword, surveillance studies guru Gary Marx says, “This state-of-the-art book describes the most comprehensive tool yet available for policy-makers to evaluate new personal data information technologies before they are introduced.”
This book could save your organisation many thousands or even millions of euros (or dollars) and the damage to your organisation’s reputation and to the trust of employees, customers or citizens if it suffers a data breach that could have been avoided if only it had performed a privacy impact assessment before deploying a new technology, product, service or other initiative involving personal data.

Resistance, Liberation Technology and Human Rights in the Digital Age
Book 7 · Sep 2012 ·
1.0
This book explains strategies, techniques, legal issues and the relationships between digital resistance activities, information warfare actions, liberation technology and human rights. It studies the concept of authority in the digital era and focuses in particular on the actions of so-called digital dissidents. Moving from the difference between hacking and computer crimes, the book explains concepts of hacktivism, the information war between states, a new form of politics (such as open data movements, radical transparency, crowd sourcing and “Twitter Revolutions”), and the hacking of political systems and of state technologies. The book focuses on the protection of human rights in countries with oppressive regimes.
Agreement Technologies
Book 8 · Dec 2012 ·
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More and more transactions, whether in business or related to leisure activities, are mediated automatically by computers and computer networks, and this trend is having a significant impact on the conception and design of new computer applications. The next generation of these applications will be based on software agents to which increasingly complex tasks can be delegated, and which interact with each other in sophisticated ways so as to forge agreements in the interest of their human users. The wide variety of technologies supporting this vision is the subject of this volume. It summarises the European Cooperation in Science and Technology (COST) Action project on Agreement Technologies (AT), during which approximately 200 researchers from 25 European countries, along with eight institutions from non-COST countries, cooperated as part of a number of working groups. The book is the first to provide a comprehensive overview of the emerging field of Agreement Technologies, written and coordinated by the leading researchers in the field. The results set out here are due for wide dissemination beyond the computer technology sector, involving law and social science as well.
The Laws of Robots: Crimes, Contracts, and Torts
Book 10 · May 2013 ·
1.0
This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.
Emerging Pervasive Information and Communication Technologies (PICT): Ethical Challenges, Opportunities and Safeguards
Book 11 · Aug 2013 ·
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This book provides a wide and deep perspective on the ethical issues raised by pervasive information and communication technology (PICT) – small, powerful, and often inexpensive Internet-connected computing devices and systems. It describes complex and unfamiliar technologies and their implications, including the transformative potential of augmented reality, the power of location-linked information, and the uses of “big data,” and explains potential threats, including privacy invaded, security violated, and independence compromised, often through widespread and lucrative manipulation.

PICT is changing how we live, providing entertainment, useful tools, and life-saving systems. But the very smartphones that connect us to each other and to unlimited knowledge also provide a stream of data to systems that can be used for targeted advertising or police surveillance. Paradoxically, PICT expands our personal horizons while weaving a web that may ensnare whole communities.

Chapters describe particular cases of PICT gone wrong, but also highlight its general utility. Every chapter includes ethical analysis and guidance, both specific and general. Topics are as focused as the Stuxnet worm and as broad as the innumerable ways new technologies are transforming medical care.

Written for a broad audience and suitable for classes in emerging technologies, the book is an example of anticipatory ethics – “ethical analysis aimed at influencing the development of new technologies” (Deborah Johnson 2010).

The growth of PICT is outpacing the development of regulations and laws to protect individuals, organizations, and nations from unintended harm and malicious havoc. This book alerts users to some of the hazards of PICT; encourages designers, developers, and merchants of PICT to take seriously their ethical responsibilities – if only to “do no harm” – before their products go public; and introduces citizens and policy makers to challenges and opportunities that must not be ignored.

The Circulation of Agency in E-Justice: Interoperability and Infrastructures for European Transborder Judicial Proceedings
Book 13 · Nov 2013 ·
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This book contributes to an understanding of the dynamic complexities involved in the design of e-justice applications that enable online trans-border judicial proceedings in Europe. It provides answers to critical questions with practical relevance: How should online trans-border judicial proceedings be designed in order to deliver effective and timely justice to European citizens, businesses and public agencies? How can the circulation of judicial agency across Europe be facilitated? Based on extensive research, the book explores and assesses the complex entanglements between law and technology, and between national and European jurisdictions that emerge when developing even relatively simple e-services such as those supporting the European small claims procedure and European payment orders. In addition to providing a strong theoretical framework and an innovative approach to e-justice design, this book includes case studies that are based on a common methodology and theoretical framework. It presents original empirical material on the development of e-government systems in the area of European justice. Finally, it introduces the design strategies of Maximum Feasible Simplicity and Maximum Manageable Complexity and, based on them, it proposes architectural and procedural solutions to enhance the circulation of judicial agency.​
The Ethics of Information Warfare
Book 14 · Mar 2014 ·
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This book offers an overview of the ethical problems posed by Information Warfare, and of the different approaches and methods used to solve them, in order to provide the reader with a better grasp of the ethical conundrums posed by this new form of warfare.

The volume is divided into three parts, each comprising four chapters. The first part focuses on issues pertaining to the concept of Information Warfare and the clarifications that need to be made in order to address its ethical implications. The second part collects contributions focusing on Just War Theory and its application to the case of Information Warfare. The third part adopts alternative approaches to Just War Theory for analysing the ethical implications of this phenomenon. Finally, an afterword by Neelie Kroes - Vice President of the European Commission and European Digital Agenda Commissioner - concludes the volume. Her contribution describes the interests and commitments of the European Digital Agenda with respect to research for the development and deployment of robots in various circumstances, including warfare.

Semantic Web Technologies and Legal Scholarly Publishing
Book 15 · Jun 2014 ·
2.0
This work deals with the applications of Semantic Publishing technologies in the legal domain, i.e., the use of Semantic Web technologies to address issues related to the Legal Scholarly Publishing. Research in the field of Law has a long tradition in the application of semantic technologies, such as Semantic Web and Linked Data, to real-world scenarios. This book investigates and proposes solutions for three main issues that Semantic Publishing needs to address within the context of the Legal Scholarly Publishing: the need of tools for linking document text to a formal representation of its meaning; the lack of complete metadata schemas for describing documents according to the publishing vocabulary and the absence of effective tools and user interfaces for easily acting on semantic publishing models and theories.

In particular, this work introduces EARMARK, a markup meta language that allows one to create markup documents without the structural and semantic limits imposed by markup languages such as XML. EARMARK is a platform to link the content layer of a document with its intended formal semantics and it can be used with the Semantic Publishing and Referencing (SPAR) Ontologies, another topic in this book. SPAR Ontologies are a collection of formal models providing an upper semantic layer for describing the publishing domain. Using EARMARK as a foundation for SPAR descriptions opens up to a semantic characterisation of all the aspects of a document and of its parts. Finally, four user-friendly tools are introduced: LODE, KC-Viz, Graffoo and Gaffe. They were expressly developed to facilitate the interaction of publishers and domain experts with Semantic Publishing technologies by shielding such users from the underlying formalisms and semantic models of such technologies.

The Emergence of Personal Data Protection as a Fundamental Right of the EU
Book 16 · Apr 2014 ·
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This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy.

The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development.

Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law?

The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change.

This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.

Protection of Information and the Right to Privacy - A New Equilibrium?
Book 17 · May 2014 ·
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This book presents the latest research on the challenges and solutions affecting the equilibrium between freedom of speech, freedom of information, information security and the right to informational privacy. Given the complexity of the topics addressed, the book shows how old legal and ethical frameworks may need to be not only updated, but also supplemented and complemented by new conceptual solutions. Neither a conservative attitude (“more of the same”) nor a revolutionary zeal (“never seen before”) is likely to lead to satisfactory solutions. Instead, more reflection and better conceptual design are needed, not least to harmonise different perspectives and legal frameworks internationally. The focus of the book is on how we may reconcile high levels of information security with robust degrees of informational privacy, also in connection with recent challenges presented by phenomena such as “big data” and security scandals, as well as new legislation initiatives, such as those concerning “the right to be forgotten” and the use of personal data in biomedical research. The book seeks to offer analyses and solutions of the new tensions, in order to build a fair, shareable and sustainable balance in this vital area of human interactions.
Conflict Resolution and its Context: From the Analysis of Behavioural Patterns to Efficient Decision-Making
Book 18 · Jun 2014 ·
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This book studies how technological solutions can be used to alleviate the current state of legal systems, with their clogged up courtrooms and inefficient conflict resolution methods. It reviews the shortcomings and disadvantages of traditional and alternative conflict resolution methods and turns to Artificial Intelligence for problem-solving techniques and solutions. The book is divided into four parts. The first part presents a general and systematic analysis of the current state of the legal systems, identifying the main problems and their causes. It then moves on to present UM Court: a framework for testing and prototyping conflict resolution services. This framework was developed with the objective of using Artificial Intelligence techniques to build a service environment for conflict resolution. The third part of the book takes a step into the future by analyzing the use of Intelligent Environments in the support of conflict management and resolution. It describes the approach taken and the experiments performed in the Intelligent Systems Lab of the University of Minho. The final part of the book contains the conclusions and shows the potential advantages of the use of Intelligent Environments as a way to implement better conflict resolution procedures (virtual or real), in which all the participants have access to more and better information and are able to take better informed decisions.
Legal Principles for Combatting Cyberlaundering
Book 19 · Jul 2014 ·
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This volume deals with the very novel issue of cyber laundering. The book investigates the problem of cyber laundering legally and sets out why it is of a grave legal concern locally and internationally. The book looks at the current state of laws and how they do not fully come to grips with the problem. As a growing practice in these modern times, and manifesting through technological innovations, cyber laundering is the birth child of money laundering and cybercrime. It concerns how the internet is used for 'washing' illicit proceeds of crime. In addition to exploring the meaning and ambits of the problem with concrete real-life examples, more importantly, a substantial part of the work innovates ways in which the dilemma can be curbed legally.

This volume delves into a very grey area of law, daring a yet unthreaded territory and scouring undiscovered paths where money laundering, cybercrime, information technology and international law converge. In addition to unearthing such complexity, the hallmark of this book is in the innovative solutions and dynamic remedies it postulates.

Reforming European Data Protection Law
Book 20 · Nov 2014 ·
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This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014.

The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies.

The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web.

Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

Frameworks for Modeling Cognition and Decisions in Institutional Environments: A Data-Driven Approach
Book 21 · Oct 2014 ·
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This book deals with the theoretical, methodological, and empirical implications of bounded rationality in the operation of institutions. It focuses on decisions made under uncertainty, and presents a reliable strategy of knowledge acquisition for the design and implementation of decision-support systems. Based on the distinction between the inner and outer environment of decisions, the book explores both the cognitive mechanisms at work when actors decide, and the institutional mechanisms existing among and within organizations that make decisions fairly predictable.

While a great deal of work has been done on how organizations act as patterns of events for (boundedly) rational decisions, less effort has been devoted to study under which circumstances organizations cease to act as such reliable mechanisms. Through an empirical strategy on open-ended response data from a survey among junior judges, the work pursues two main goals. The first one is to explore the limits of “institutional rationality” of the Spanish lower courts on-call service, an optimal scenario to observe decision-making under uncertainty. The second aim is to achieve a better understanding of the kind of uncertainty under which inexperienced decision-makers work. This entails exploring the demands imposed by problems and the knowledge needed to deal with them, making this book also a study on expertise achievement in institutional environments.

This book combines standard multivariate statistical methods with machine learning techniques such as multidimensional scaling and topic models, treating text as data. Doing so, the book contributes to the collaboration between empirical social scientific approaches and the community of scientists that provide the set of tools and methods to make sense of the fastest growing resource of our time: data.

eCommerce and the Effects of Technology on Taxation: Could VAT be the eTax Solution?
Book 22 · Mar 2015 ·
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This book focuses on the impact of technology on taxation and deals with the broad effect of technology on diverse taxation systems. It addresses the highly relevant eTax issue and argues that while VAT may not be the ultimate solution with regard to taxing electronic commerce, it can be demonstrated to be the most effective solution to date. The book analyzes the application and the effectiveness of traditional income tax principles in contradistinction to VAT principles. Taking into account rapidly ameliorating technology, the book next assesses the compatibility between electronic commerce and diverse systems of taxation. Using case studies of Amazon.com and Second Life as well as additional practical examples, the book demonstrates the effectiveness of VAT in respect of electronic commerce and ameliorating technology in the incalculable and borderless realm of cyberspace.
Argument Evaluation and Evidence
Book 23 · Aug 2015 ·
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​This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations.