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Collisions in the Digital Paradigm: Law and Rule Making in the Internet Age (eBook)

David J. Harvey

ISBN13: 9781509906512

Published: March 2017

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £35.99
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9781509906529

£95.00

It has been said that the only asset that a lawyer has is time. But the reality is that a lawyer's greatest asset is information. The practice and the business of law is all about information exchange.

The flow of information travels in a number of different directions during the life of a case. A client communicates certain facts to a lawyer. The lawyer assimilates those facts and seeks out specialised legal information which may be applicable to those facts. In the course of a generation there has been a technological revolution which represents a paradigm shift in the flow of information and communication.

This book is about how the law deals with digital information technologies and some of the problems that arise when the law has to deal with issues arising in a new paradigm.

Subjects:: eBooks, IT, Internet and Artificial Intelligence Law

Contents:: 1. Introduction; 2. The Analytical Framework; I. Introduction; II. Elizabeth Eisenstein and the Qualities of Print; III. Digital Information; IV. Conclusion; 3. The Transition to the Digital Paradigm-Analogies and Functional Equivalence; I. Introduction; II. A Historical Perspective; III. Digital Writing; IV. Change and Communication in the Digital Paradigm; V. The Law's Approach to Equating the Old with the New; VI. Functional Equivalence; VII. The Problem of Analogies; VIII. Conclusion; 4. Aspects of Internet Governance; I. Introduction; II. The Internet Governance Forum; III. Technical Governance; IV. Models of Internet Governance; V. Conclusion; 5. The Property Problem; I. Introduction; II. Information as Property-The Debate in the Digital Paradigm; III. The British Commonwealth Approach; IV. The United States' Position; V. Property or Cyberproperty; VI. Conclusion; 6. Recorded Law-The Twilight of Precedent in the Digital Age; I. Introduction; II. Law and Precedent in the Print and Digital Paradigms; III. The Twilight of Precedent?; 7. Digital Information-The Nature of the Document and E-discovery; I. Introduction; II. The Development of E-discovery Rules; III. Common Themes in the Development of E-discovery in Asia-Pacific Jurisdictions; IV. The Rules and Utilisation of Technology; V. Conclusion; 8. Evidence, Trials, Courts and Technology; I. Introduction; II. Orality and Physical Presence of Witnesses; III. Facing Up to Change; IV. Technology in Court; V. The Next Phase; VI. Using Technology to Change Process Models; VII. Conclusion; 9. Social Media; I. Introduction; II. What is Social Media?; III. Social Media Meets the Law; IV. The Googling Juror; V. Lost in Translation-Interpreting Social Media Messages; VI. Other Aspects of Social Media; VII. Conclusion; 10. Information Persistence, Privacy and the Right to be Forgotten; I. Introduction; II. Privacy Themes; III. Privacy Taxonomies; IV. Obscurity of Information-Practical and Partial Obscurity; V. Judicial Approaches; VI. The Internet and Privacy; VII. Search Engines and Information Retrievability; VIII. The Right to be Forgotten; IX. A Right to Update?; X. Conclusion; 11. Reputational Harms; I. Introduction; II. The Publication Issue; III. Google and Defamation; IV. Linking and Publication; V. Reputational Harms-Where Defamation Does Not Tread; VI. Triaging Reputation; VII. Conclusion; 12. Conclusion; I. The Qualities of Digital Information; II. Governance of a Distributed, Dynamic, Changing Environment?; III. Behavioural Change and Values; IV. Old Rules in New Bottles-Seeking Consistency; V. Volume, Dissemination and Availability of Information; VI. Participation, Interactivity and the Message; VII. Who Am I Online?; VIII. The Message is the Medium-What the Law must Recognise