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Talesh S: Insuring Cyberinsecurity

Insuring Cyberinsecurity

Insurance Companies as Symbolic Regulators

AI and Constitutional Law in Europe

Democracy in the Age of Disinformation

Inspired by the work of distinguished criminal justice scholars, this volume explores the methodological commitments and distinctive research agenda of criminal jurisprudence It comprises 9 essays on jurisprudential themes written over a period of twenty years. Presented here for the first time as a coherent body of work, the volume highlights recurrent themes in the disciplinary constitution of criminal jurisprudence. Criminal jurisprudence combines theorising about criminal law with intimate engagement with its institutional fabric and primary juridical sources. It overlaps with the theoretical ambitions of philosophical approaches to criminal law and justice, but equally encapsulates the traditional research programmes of doctrinal legal scholarship. Criminal jurisprudence takes domestic law seriously, but is cosmopolitan in its outlook and topical inclusivity, as befits the condition of modern legality. The essays in this book traverse criminal law theory, substantive criminal law, criminal procedure, evidence law, comparative criminal process, international criminal justice, criminology and legal pedagogy. In addition to their legal-doctrinal content, they draw on moral and political philosophy, penal theory, epistemology, history, sociology, international relations, jurisprudence and comparative legal studies.

Festschrift Essays

Inspiring Criminal Jurisprudence

With the promise of greater efficiency and effectiveness, public authorities have increasingly turned to algorithmic systems to regulate and govern society. In Algorithmic Rule By Law, Nathalie Smuha examines this reliance on algorithmic regulation and shows how it can erode the rule of law. Drawing on extensive research and examples, Smuha argues that outsourcing important administrative decisions to algorithmic systems undermines core principles of democracy. Smuha further demonstrates that this risk is far from hypothetical or one that can be relegated to authoritarian regimes, as many of her examples are drawn from public authorities in liberal democracies that are already making use of algorithmic regulation. Focusing on the European Union, Smuha argues that the EU's digital agenda is misaligned with its aim to protect the rule of law. Novel and timely, this book should be read by anyone interested in the intersection of law, technology, and government. This title is also available as open access on Cambridge Core.

How Algorithmic Regulation in the Public Sector Erodes the Rule of Law

Algorithmic Rule By Law

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word--penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-need--and quite colorful--social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

Security, Audit and Leadership Series

Organizations operate in environments shaped by volatility, interconnected systems, and rapid technological change. Traditional resilience models cannot keep pace with this level of disruption. Relevant Impact: A Field Guide to Integrated Assurance presents a practical path forward. It shows leaders how to strengthen resilience by building capability that functions in real conditions rather than relying on documents and audit scores that often fail under stress.The Field Guide expands the Integrated Assurance model introduced in Integrated Assurance: Unified Risk Strategy and demonstrates how it works inside real organizations. It explains how governance, operations, security, compliance, and business functions align to create a unified capability that moves with clarity and confidence during uncertainty. The book provides a detailed view of the Integrated Assurance Maturity Model and teaches leaders how to measure trust velocity, control integrity, and recovery performance in ways that influence executive decisions.This is not a theoretical framework. It is a practical guide that shows organizations how to embed assurance into daily work. It explains how to sense risk as it emerges, strengthen cross functional coordination, and build teams that act with discipline during high pressure events. Real examples illustrate how enterprises respond to incidents, manage transformation, and sustain performance while conditions shift around them.Relevant Impact equips leaders with the structure, language, and metrics needed to convert resilience into a strategic advantage. It offers a clear path for organizations that want to operate with maturity and protect growth in a world defined by constant disruption.

A Field Guide to Integrated Assurance

Relevant Impact

'Lucid, entertaining and precise... a brilliant warning about the gamification of everyday life' Tim Clare, Guardian Is this the game you want to be playing? Scoring systems are everywhere. Underpinning our daily lives - whether it's the fit bits on our wrists, likes on social media, and even school rankings - they have become pervasive and increasingly dangerous, warping our desires and outsourcing our values to external institutions. Instead of encouraging us to be more playful, to take pleasure in the journey of striving towards a goal, institutions, corporations and bureaucracies weaponize scoring systems to impose their own interests. No matter what, we always seem to be playing by someone else's rules. In The Score, philosopher C. Thi Nguyen shows us how this newly 'gamified' world has fundamentally captured our value systems, turning what might be moral or personal life choices into numerical data, and forcing us to prioritise what can be measured and monetized over what is truly meaningful to us. A life-long lover of online and board games himself, Nguyen argues that we should not stop playing games but rather take a step back and become more aware of their immersive and profound power, so that we might chart a way towards more creative and joyful lives. To start playing our own game.

How to Stop Playing Someone Else’s Game

The Score

Fentanyl is a first-person, insider account of how the crisis consumed the Biden Administration amid a series of other national security emergencies. It follows Jake Braun, a senior White House official, and his colleagues while they scramble to respond to the epidemic. As Mexican cartels ruthlessly executed their most radical transformation in 50 years, Braun and his colleagues architected the first U.S. government wide strategy to combat fentanyl in history. The effort brought him to Mexico to meet with Mexican agents who kick down cartel doors for the U.S. government there. He also spent time with data analytics wizards buried in nondescript offices in Virginia suburbs that hunt down Chinese fentanyl precursor chemicals on the Dark Web. He even takes a detour to gather intelligence from Russian migrants in U.S. detention facilities that migrated through cartel-controlled areas of Mexico. In the process, Braun uncovered the remarkable transformation cartels in Mexico underwent over the last 50 years. They morphed from narco-empires the size of Fortune 50 companies specializing in marijuana and cocaine to ones specializing in human migration and, separately, fentanyl. After much painstaking effort, the Biden Administration successfully executed the most sweeping takedown of cartel leadership and fentanyl infrastructure since the crisis began. Due to the efforts of heroic agents, intelligence officers and national security experts, the leviathan U.S. government is now marshaled in ways never before imagined against the Chinese chemical companies and cartels propagating the fentanyl epidemic. Further, the strategy seems to be working. Just a year after it was kicked off, the fentanyl fatalities dropped nearly 37%. Yet the crisis persists. Finally, Braun draws on his unique experience combating the epidemic to outline how the U.S. government can once and for all end the fentanyl crisis in America.

Fighting the Mass Poisoning of America and the Cartel Behind It

Fentanyl

Hart Studies in Commercial and Financial Law

This book offers the first comprehensive analysis of the national and international legal issues surrounding digital assets in enforcement and insolvency. Its primary aim is to ensure that the economic value of digital assets can be fully realised by creditors and other stakeholders through the legal processes and remedies available to them, and that holders of digital assets receive adequate protection. These legal issues are considered in diverse commercial and technical contexts, ranging from native cryptocurrencies to token, whether held directly or with custodians and other intermediaries. The book offers analysis on different levels: Firstly, it scrutinises the existing legal frameworks for enforcement and insolvency in various countries and evaluates the extent to which they can accommodate digital forms of value; secondly, it compares the approaches taken in different jurisdictions and addresses the cross-border issues of jurisdiction and conflict of laws issues that may arise; and thirdly, it focuses on international texts, such as the UNIDROIT Principles on Digital Assets and Private Law, as well as the Global Code of Digital Enforcement, and suggested avenues for further harmonisation and unification of the law. The book provides much-needed responses to the increasing significance of digital assets in modern insolvency and enforcement proceedings. It takes a unique global approach to a wide range of legal perspectives, drawing upon the contributors' experience as leading practitioners, representatives of international organisations, and academics, in common law and civil law jurisdictions around the world. The book identifies the most pressing areas for law reform, and proposes solutions that are both legally robust as well as fit for practical purpose.

Securing Creditor Access and Protecting Customer Interests in the Crypto World

Digital Assets in Enforcement and Insolvency

"In one wide-ranging volume, Lambert and the country reporters demonstrate that law can not only keep up with technological change, but can in fact stay well ahead by anticipating upcoming questions. This comprehensive comparative reference will be invaluable for lawyers and students." (Professor Joshua Fairfield. Washington and Lee University School of Law, Review of a previous edition) Bringing together a global team of authors, the International Handbook of Social Media Laws covers the law relating to social media across 34 countries in total. From influential social media defamation cases in Australia, to tweeting from court, and regulations enforced by the UK's Online Safety Act 2023, this book clearly articulates the main legal issues and developments across various legal jurisdictions, to ensure a company's social media presence is fully compliant with the law of each country. The third edition has been fully updated to incorporate new criminal and civil case law, and covers topics including: - Online abuse, online bullying and cyberbullying laws - Laws or rules specific to children and social media - Bans or restrictions on the use of, or access to, the internet or social media, including the influential TikTok, Inc. v. Garland case in the US - Use of social media as evidence in courts - Hacking and data breach laws. Contributors to the volume each provide coverage of their own country, ensuring the volume is both authoritative and practical. Countries represented include: Argentina, Australia, Belgium, Brazil, Bulgaria, China, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Malta, Mexico, New Zealand, Norway, Senegal, Serbia, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States and Uruguay. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

International Handbook of Social Media Laws

Global Law Series

We are living through an era of unprecedented data-driven regulatory transformation. AI and algorithmic governance are rapidly altering how global problems are known and governed, and reconfiguring how people, places, and things are drawn into legal relation across diverse areas - from labour, media and communications, and global mobilities to environmental governance, security, and war. These changes are fostering new forms of power, inequality, and violence, and posing urgent conceptual and methodological challenges for law and technology research. Global Governance by Data: Infrastructures of Algorithmic Rule brings together leading interdisciplinary scholars working at the forefront of creative thinking and research practice in this area. The book offers fresh takes on the prospects for working collectively to critique and renew those legal and technological infrastructures that order, divide, empower and immiserate across our data-driven world. This title is also available as open access on Cambridge Core.

Infrastructures of Algorithmic Rule

Global Governance by Data

A respected voice on technology shows how seemingly simple ads help dismantle democracy and public discourse. Whether you're intentionally shopping or casually browsing social media, something is following you: ads. Their creators seem to know your income bracket, politics, age, location, medical conditions, and tastes in clothing, food, and romantic partners. As advertising firms use predictive AI to discover your hot buttons and generative AI to push them, your online world becomes an increasingly bespoke--and isolated--place. The fervid competition around personalization in digital marketing has given rise to an ecosystem of advertisers, media outlets, tech companies, and retailers who monetize your data while threatening the health of our media, discourse, and sense of community. In this urgent book, award-winning author Joseph Turow shows how we got here, and how to change direction. The Problem with Personalization shatters common beliefs about advertising history by showing that individualized ads are not new. Today's AI-enabled advertisers draw on past aspirations and assumptions about personalization while weaponizing data in unprecedented ways that drive social fragmentation and the disappearance of shared social reality. Informed by interviews with marketing insiders and covering the latest technology advances, Turow accessibly explains how artificial intelligence sifts through our data to tag and target us wherever we go with personalized videos, pictorial billboards, audio messages, and more. A logical next step for advertiser support is tailored entertainment and news, a shift that further destroys the common ground necessary for a functioning democracy. A must-read for all who care about the future of public discourse, The Problem with Personalization reveals how targeted advertising has altered how we're seen and what we see in return.

How Advertisers Learned to Make and Break Us from Ancient Times to the AI Age

The Problem with Personalization

Insuring Cyberinsecurity

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