Law for Computer Scientists and Other Folk
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Product details:
- Publisher OUP Oxford
- Date of Publication 6 May 2020
- ISBN 9780198860884
- Binding Paperback
- No. of pages352 pages
- Size 233x155x17 mm
- Weight 580 g
- Language English 10
Categories
Short description:
This is a textbook on law for computer scientists and many others with no wish to become a lawyer, who are nevertheless in need of a proper introduction to how law operates and how it affects individuals, societies, and others. It introduces: privacy and data protection, cybercrime, copyright, private law liability and legal personhood.
MoreLong description:
This is the first textbook introducing law to computer scientists. The book covers privacy and data protection law, cybercrime, intellectual property, private law liability and legal personhood and legal agency, next to introductions to private law, public law, criminal law and international and supranational law. It provides an overview of the practical implications of law, their theoretical underpinnings and how they affect the study and construction of computational architectures. In a constitutional democracy everyone is under the Rule of Law, including those who develop code and systems, and those who put applications on the market. It is pivotal that computer scientists and developers get to know what law and the Rule of Law require. Before talking about ethics, we need to make sure that the checks and balances of law and the Rule of Law are in place and complied with. Though it is focused on European law, it also refers to US law and aims to provide insights into what makes law, law, rather than brute force or morality, demonstrating the operations of law in a way that has global relevance. This book is geared to those who have no wish to become lawyers but are nevertheless forced to consider the salience of legal rights and obligations with regard to the construction, maintenance and protection of computational artefacts.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
It provides an overview of the practical implications of law, their theoretical underpinnings and how they affect the study and construction of computational architectures.
Table of Contents:
Acknowledgements
Reading Guide
Abbreviations
Table of Contents
Introduction: Textbook and Essay
Middle ground: architecture
Law in 'speakerspace'
Law in 'manuscriptspace'
Law in 'bookspace'
Law in cyberspace: a new 'onlife world'
Outline
PART I WHAT LAW DOES
Law, Democracy, and the Rule of Law
What is Law?
What is law in a constitutional democracy?
Domains of Law: Private, Public, and Criminal Law
Private, public and criminal law: conceptual distinctions
Private law
Public law and criminal law
International and Supranational Law
Jurisdiction in Western legal systems
International law
Supranational law
International rule of law
PART II DOMAINS OF CYBERLAW
Privacy and Data Protection
Human rights law
The concept of privacy
The right to privacy
Privacy and Data Protection
Data protection law
Privacy and data protection revisited
Cybercrime
The problem of cybercrime
Cybercrime and public law
The EU cybercrime and cybersecurity directives
Copyright in Cyberspace
IP law as private law
Overview of IP rights
History, objectives and scope of copyright protection
EU copyright law
Open source and free access
Private Law Liability for Faulty ICT
Back to basics
Tort law in Europe
Third-party liability for unlawful processing and other cyber torts
PART III FRONTIERS OF LAW IN AN ONLIFE WORLD
Legal Personhood for AI?
Legal subjectivity
Legal agency
Artificial agents
Private law liability
'Legal by Design' or 'Legal Protection by Design'?
Machine learning (ML)
Distributed Ledger Technologies (DLTs), smart contracts and smart regulation
'Legal by Design' or 'Legal Protection by Design'?
FINALS
Closure: on ethics, code and law
Distinctions between law, code and ethics
The conceptual relationship between law, code and ethics
The interaction between law, code and ethics
Closure: the force of technology and the force of law
