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Nicole Moreham: The Protection of
Privacy in English Private Law

The Protection of Privacy in English Private Law

Schriften zum Recht der Digitalisierung

Jessica Hawighorst's study investigates whether and under what conditions artificial intelligence can be recognized as an independent legal subject. Focusing on the concept of the "electronic person" (ePerson), it examines the theoretical and doctrinal foundations of assigning legal personality to autonomous AI systems. The author combines systematic legal analysis with philosophical and constitutional reasoning, drawing on both German and European contexts, including the AI Act. The author discusses how the growing autonomy of AI systems raises questions of foreseeability, traceability, and responsibility for their actions. Central legal concepts such as "person," "subject," and "capacity" are critically reassessed, showing that legal subjectivity is a legislative construct within constitutional limits rather than an inherent property. Ethical and cultural considerations serve as guiding principles for determining the scope of potential AI personhood. The study concludes that while granting AI legal personhood is theoretically feasible and could clarify certain issues in contract and liability law, it is not currently necessary. Establishing such a framework would require significant legislative effort. The decision thus remains a matter of political and normative choice.

Eine Untersuchung von Zuerkennungsgründen für die "ePerson"

Rechtssubjektivität für Künstliche Intelligenz

Routledge Research in Human Rights Law

The UK in Comparative Perspective

Defamation and the Right to Freedom of Speech

Internet und Gesellschaft

The present volume addresses key issues of digitisation and internationalisation from the perspective of public law, European law and international law in seven contributions. They were written as part of a lecture series held by the Faculty of Law at the University of Innsbruck during the 2024/25 academic year. The contributions analyse and discuss current challenges arising from digitalisation in the mobility sector and in administrative procedures. In addition, the authors examine European and international regulation of cyberspace, online communication, media services, and artificial intelligence.

Perspektiven der Internationalisierung und Digitalisierung

Recht der Digitalisierung III

Written by two journalists-turned-lawyers-turned-professors, the book demystifies complex legal concepts and explores real-world dilemmas surrounding online speech, privacy, cyber security, intellectual property, artificial intelligence and digital commerce.

Regulation of the Connected World

Cyber Law and Ethics

Wie Lügen, Fake News und Framing unsere Gesellschaft bedrohen – und was wir dagegen tun müssen

Das Ende der Wahrheit?

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-needed – 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 in 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

This innovative textbook edited by international experts in technology law and policy provides a comprehensive and accessible guide into the fast-evolving landscape of technology law and policy in the UK and the EU. The recent wave of regulatory reforms adopted by UK and EU regulators increases the complexity of Internet law as it had developed in the past decades. Recognising the ever-growing importance of artificial intelligence in today's public discourse, the textbook extends beyond traditional legal sectoral frameworks, and explores the intersection of law, technology, and public policy to describe and critically reflect on current and emerging issues in the modern information society. This exploration follows thematic areas of interest, such as adtech, privacy by design, predictive policing, and social media, while also providing accessible historical overviews of how policy has developed in specific fields including platform liability, copyright, or data protection, and case studies on key topics. The companion website provides multimedia resources to delve deeper into specific topics; introductory materials for readers that are unfamiliar with the EU legal system; and teaching resources. Law, Policy, and the Internet is an essential resource for anyone seeking to navigate the complexities of internet regulation in an era of exponential technological change.

Law, Policy, and the Internet

This book offers a critical reconsideration of the theatrical nature of jurisdiction, as it examines how legal proceedings are regularly framed by or turned into a public spectacle.In legal cases, all those involved must play their parts, according to the rules, on a stage that is open to public scrutiny. As this book demonstrates, however, the affordances offered by new media, in a society spellbound by spectacle and embroiled in the polarization that accompanies it, can easily disrupt the theatrical nature of the court case. The book is divided into two parts. In Part 1, cases - from the Netherlands, the United States, Italy, Brazil, India, Germany, and Russia - show how populists, insurgents, corporations, and states play the judiciary by probing its limits or the rules of the game, often by twisting the proper intent of legal regulation or by formally making a farce of jurisdiction. In Part 2, the chapters deal with weaknesses in the theatrical nature of the judiciary in a time of spectacle. Here, the central issue is how the judiciary is threatened by dramatic forms of excess: forms that exceed the frame and stage of jurisdiction's own theatricality. Bringing cultural analysis and play studies in conversation with legal analysis and legal philosophy, the book shows how the theatrical nature of the judiciary is more and more challenged by the force of the spectacular, and with it a strategic and tactically malevolent play of powerful actors that fragments collective feelings for justice, and instrumentalizes the law in the service of particular interests.Law, Spectacle, and the Play of Jurisdiction will appeal to scholars and students in legal theory, law and literature, and others with relevant interests in politics, media, theatre and cultural studies.

Law, Spectacle, and the Play of Jurisdiction

Should we give up privacy to fight disease, for national security, or to help train AI systems? Recent crises, from the Covid-19 pandemic to the Russian invasion of Ukraine, from Gaza and Afghanistan to the seemingly unstoppable rise of AI, have put privacy under severe pressure. Privacy in Crisis argues the opposite: these crises show that privacy needs to be protected even more. Privacy in Crisis looks at vital current issues: at political manipulation and misinformation, government surveillance, racial tension, hybrid and cyberwarfare (and real wars, such as those in Ukraine and Gaza), the overwhelming power of the internet giants, and surveillance society, and how interference with privacy is key in all of them. It shows how specific crises bring many of these issues together in perfect storms of privacy invasion. The different threats to our privacy revealed by these crises tell parallel stories and are inextricably linked. There are common themes and common technologies - the threats involve the same data, the same profiling systems and the same approaches. In many cases the systems are run or owned by the same small set of companies, controlled by the same few people. Addressing them is difficult but possible - this essential book outlines how.

Law and Policy in Times of Extremism, Pandemics, and War

Privacy in Crisis

Fiches de Droit de la communication

Following on the success of Tough Cases, called "A law buff's dream" by headbutler.com, Challenging Cases collects judges' firsthand stories of deciding cases when the world is watching Most cases that judges decide garner little public attention. But occasionally, a case is tried both in the courtroom and in the court of public opinion. In Challenging Cases, some of the country's leading jurists talk about the most high-profile cases they've handled--ones where the eyes of the world were upon them. Whether the defendant was a beloved major league baseball player, a movie star, or a well-known sex-offender, or whether the topic addressed an especially contentious aspect of the culture wars, these cases played out before millions of on-lookers, adding a whole new dimension to what is already a Solomonic responsibility. In their previous book, Tough Cases, called "an unprecedented view from the bench" by legal commentator Greta van Susteren, and "a genuine revelation" by Justin Driver in The Washington Post, Judges Canan, Mize, and Weisberg made us privy to the thought processes of judges making some of their hardest legal decisions. In Challenging Cases, over a dozen judges from courts in DC, Texas, Seattle, Michigan, Maine, Buffalo, Virginia, and more speak to the added challenge of trials involving high-profile defendants. Cases include: <ul> <li>the perjury trial of Roger Clemens </li><li>the sentencing of January 6th rioters </li><li>the case of Dr. Larry Nassar, accused of the sexual abuse of hundreds of female athletes </li><li>the Kosovo international war crimes trial </li><li>the Johnny Depp trial</li></ul> Providing the fodder for a whole new season of Law and Order, Challenging Cases is for every actual and armchair legal beagle in the country.

Judges Tell the Stories of High-Profile and Other Tough Cases

Challenging Cases

Routledge Critical Advertising Studies

This text examines the ongoing convergence of marketing and media across industries and formats and offers an authoritative analysis of branded content and forms of media-marketing integration.Drawing on the findings of the 3-year Branded Content Governance Project, this book outlines the expansion of branded content advertising from marketers, agencies, and media to include platforms, creators, and advertising technology (adtec). It charts the rapid take-up of artificial intelligence (AI) and machine learning tools, the role of platforms, and the expansion of actor-types across the creator economy. The authors define and analyse key concepts including polycentric governance, governance-in-practice, and ethics, and map 'problems' and 'mitigations' concerning branded content practices and governance.Providing an authoritative taxonomy for branded content advertising forms and formats, this book provides a guide for students as well as useful reading for researchers and advanced scholars of advertising and marketing communications.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.

Mapping the Media-Marketing Ecology

The Protection of Privacy in English Private Law

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