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Laws and Emerging Technologies
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Laws and Emerging Technologies

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (30 April 2021) | Viewed by 57432

Printed Edition Available!
A printed edition of this Special Issue is available here.

Special Issue Editor

Prof. Dr. Esther Salmerón-Manzano

E-Mail Website
Guest Editor
Faculty of Law, Universidad Internacional de La Rioja (UNIR), Av. de la Paz, 137, 26006 Logroño, Spain
Interests: sustainability; higher education; law; bibliometry; new technologies
Special Issues, Collections and Topics in MDPI journals

Special Issue Information

Dear Colleagues,

The emergence of new technologies of knowledge in all fields, their dissemination, and their application for social or economic benefit are essential activities for the progress of society worldwide. Its development has been essential for international economic and social convergence. However, the regulation and legal implications of these new technologies need to be addressed in the legal systems of every country. Therefore, in order to regulate the basic conditions that guarantee the equality and rights of individuals, legal systems should pay special attention to the legal challenges that new technologies can present. This includes, for example, blockchain technology in the future of contracts, big data, and the protection of personal data; the emergence of electric scooters as a new form of urban mobility; or even the fact that dependence on new technologies can affect one’s personal life, where one seeks the right to disconnect digitally, and even the right to be forgotten.

References:

Conger, S., Pratt, J. H., & Loch, K. D. (2013). Personal information privacy and emerging technologies. Information Systems Journal, 23(5), 401-417.

Levi, M., & Wall, D. S. (2004). Technologies, security, and privacy in the post‐9/11 European information society. Journal of law and society, 31(2), 194-220.

De Hert, P., & Papakonstantinou, V. (2016). The new General Data Protection Regulation: Still a sound system for the protection of individuals?. Computer Law & Security Review, 32(2), 179-194.

Tikkinen-Piri, C., Rohunen, A., & Markkula, J. (2018). EU General Data Protection Regulation: Changes and implications for personal data collecting companies. Computer Law & Security Review, 34(1), 134-153.

Calo, R., & Rosenblat, A. (2017). The taking economy: Uber, information, and power. Colum. L. Rev., 117, 1623.

Prof. Esther Salmerón-Manzano
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access semimonthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1400 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • Smartcontract
  • Blockchain
  • Bitcoin
  • Ethereum
  • Cryptocurrency
  • Big data
  • Data mining
  • Data privacy
  • Insurance
  • Right to disconnect
  • Smart cards
  • Drones
  • Electric vehicles
  • Property rights
  • Law enforcement
  • Internet of Things (IoT)
  • Royalties
  • Data protection
  • Land register

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Published Papers (6 papers)

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Editorial

Jump to: Research

3 pages, 190 KiB  
Editorial
Laws and Emerging Technologies
by Esther Salmerón-Manzano
Laws 2021, 10(2), 46; https://doi.org/10.3390/laws10020046 - 7 Jun 2021
Cited by 1 | Viewed by 4372
Abstract
New technologies and so-called communication and information technologies are transforming our society, the way in which we relate to each other, and the way we understand the world. By a wider extension, they are also influencing the world of law. That is why [...] Read more.
New technologies and so-called communication and information technologies are transforming our society, the way in which we relate to each other, and the way we understand the world. By a wider extension, they are also influencing the world of law. That is why technologies will have a huge impact on society in the coming years and will bring new challenges and legal challenges to the legal sector worldwide. On the other hand, the new communications era also brings many new legal issues such as those derived from e-commerce and payment services, intellectual property, or the problems derived from the use of new technologies by young people. This will undoubtedly affect the development, evolution, and understanding of law. This Special Issue has become this window into the new challenges of law in relation to new technologies. Full article
(This article belongs to the Special Issue Laws and Emerging Technologies)

Research

Jump to: Editorial

16 pages, 424 KiB  
Article
Building Information Modeling in Quebec’s Procurement for Public Infrastructure: A Case for Integrated Project Delivery
by Gabriel Jobidon, Pierre Lemieux and Robert Beauregard
Laws 2021, 10(2), 43; https://doi.org/10.3390/laws10020043 - 1 Jun 2021
Cited by 14 | Viewed by 6141
Abstract
The Province of Quebec is currently in the process of adopting building information modeling (BIM) for major infrastructure projects. However, legal and contractual concerns such as the tendering process, adjudication criteria, intellectual property and risk–reward sharing mechanisms hinder the implementation of an efficient [...] Read more.
The Province of Quebec is currently in the process of adopting building information modeling (BIM) for major infrastructure projects. However, legal and contractual concerns such as the tendering process, adjudication criteria, intellectual property and risk–reward sharing mechanisms hinder the implementation of an efficient BIM process. This paper addresses the following question: How do norms, whether legislative, regulatory or contractual, functionally or dysfunctionally affect the effective implementation of BIM in Quebec’s public infrastructure framework? This paper suggests that the use of Integrated Project Delivery (IPD) should help mitigate legal barriers hindering BIM implementation, while preserving balance between fairness and encouraging collaboration. Quebec’s normative framework, which includes legislation, regulations, contracts and infra-regulatory rules, should be modified to standardize collaborative mechanisms, integrate two-stage negotiated processes such as rank-and-run or best and final offer and enable the assessment of tenderers’ objective qualities and more subjective qualities. Furthermore, a risk–reward sharing mechanism should be implemented through target costing, and upstream participation from a wide range of stakeholders should be encouraged. Full article
(This article belongs to the Special Issue Laws and Emerging Technologies)
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19 pages, 287 KiB  
Article
Reconciling Remote Sensing Technologies with Personal Data and Privacy Protection in the European Union: Recent Developments in Greek Legislation and Application Perspectives in Environmental Law
by Maria Maniadaki, Athanasios Papathanasopoulos, Lilian Mitrou and Efpraxia-Aithra Maria
Laws 2021, 10(2), 33; https://doi.org/10.3390/laws10020033 - 11 May 2021
Cited by 15 | Viewed by 6194
Abstract
Using remote sensing technologies to ensure environmental protection responds to the need of protection of a right and a public good and interest. However, the increasing introduction of these technologies has raised new challenges, such as their interference with the rights of privacy [...] Read more.
Using remote sensing technologies to ensure environmental protection responds to the need of protection of a right and a public good and interest. However, the increasing introduction of these technologies has raised new challenges, such as their interference with the rights of privacy and personal data, which are also protected fundamental rights. In this paper the importance of remote sensing technologies as tools for environmental monitoring and environmental law enforcement is analyzed, while legal issues regarding privacy and data protection from their use for environmental purposes are presented. Existing legislation for reconciling emerging conflicts is also examined and major European Court of Human Rights (ECtHR) and Court of Justice of the European Union (CJEU) case law on the issue is approached. Finally, recent developments in Greek legislation and their application perspectives in environmental law are presented as a timely “case study”. Full article
(This article belongs to the Special Issue Laws and Emerging Technologies)
9 pages, 1944 KiB  
Article
Legaltech and Lawtech: Global Perspectives, Challenges, and Opportunities
by Esther Salmerón-Manzano
Laws 2021, 10(2), 24; https://doi.org/10.3390/laws10020024 - 9 Apr 2021
Cited by 16 | Viewed by 13155
Abstract
Legaltech refers to the application of new technologies to the world of law, to carry out tasks that, until recently, were performed by lawyers or other personnel working in law firms. From 2015 onwards the Lawtech alternative has emerged. In this work, the [...] Read more.
Legaltech refers to the application of new technologies to the world of law, to carry out tasks that, until recently, were performed by lawyers or other personnel working in law firms. From 2015 onwards the Lawtech alternative has emerged. In this work, the concepts of Legaltech and Lawtech have been analyzed by searching the two main scientific information databases such as Scopus and Wed of Science (WoS). There has been a clear trend to use the concept of Legaltech against Lawtech. Six clear research lines have been detected from the whole of the published documents regarding these concepts. These are the related to Computer Science, Justice, Legal profession, Legal design, Law firms, and Legal Education. It is proposed to use the term Legaltech to include all technological advances in the legal field. From the point of view of opportunities, the irruption of Legaltech will be able to offer accurate legal advice to the public, reducing the price of this and on the other hand, analyze large amounts of data that law firms and legal advisors will use to improve their management and increase their productivity. In short, Legaltech and Lawtech are opening up new opportunities in the legal sector encouraging technological innovation, giving greater access to legal services, even try to achieve the goal of universal access to justice. Full article
(This article belongs to the Special Issue Laws and Emerging Technologies)
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19 pages, 267 KiB  
Article
“Our Laws Have Not Caught up with the Technology”: Understanding Challenges and Facilitators in Investigating and Prosecuting Child Sexual Abuse Materials in the United States
by Olivia Cullen, Keri Zug Ernst, Natalie Dawes, Warren Binford and Gina Dimitropoulos
Laws 2020, 9(4), 28; https://doi.org/10.3390/laws9040028 - 26 Nov 2020
Cited by 16 | Viewed by 11864
Abstract
With technological advances, the creation and distribution of child sexual abuse material (CSAM) has become one of the fastest growing illicit online industries in the United States. Perpetrators are becoming increasingly sophisticated and exploit cutting-edge technology, making it difficult for law enforcement to [...] Read more.
With technological advances, the creation and distribution of child sexual abuse material (CSAM) has become one of the fastest growing illicit online industries in the United States. Perpetrators are becoming increasingly sophisticated and exploit cutting-edge technology, making it difficult for law enforcement to investigate and prosecute these crimes. There is limited research on best practices for investigating cases of CSAM. The aim of this research was to understand challenges and facilitators for investigating and prosecuting cases of CSAM as a foundation to develop best practices in this area. To meet these objectives, qualitative interviews and focus groups were conducted with participants throughout the western United States. Two major themes arose from this research: Theme 1: Challenges to investigating and prosecuting CSAM; and Theme 2: Facilitators to investigating and prosecuting CSAM. Within Theme 1, subthemes included technology and internet service providers, laws, lack of resources, and service provider mental health and well-being. Within Theme 2, subthemes included multidisciplinary teams and training. This research is a first step in understanding the experiences of law enforcement and prosecutors in addressing CSAM. Findings from this study can be used to support the development of best practices for those in the justice system investigating and prosecuting CSAM. Full article
(This article belongs to the Special Issue Laws and Emerging Technologies)
23 pages, 279 KiB  
Article
Digitalization of the Legal Field and the Future of Large Law Firms
by Salvatore Caserta
Laws 2020, 9(2), 14; https://doi.org/10.3390/laws9020014 - 21 Jun 2020
Cited by 18 | Viewed by 14175
Abstract
This paper discusses how large law firms should re-organize themselves to maintain a competitive edge in the increasingly digitalized legal field. While providing a brief historical introduction to the rise of large law firms and the challenges posed by the rise of digital [...] Read more.
This paper discusses how large law firms should re-organize themselves to maintain a competitive edge in the increasingly digitalized legal field. While providing a brief historical introduction to the rise of large law firms and the challenges posed by the rise of digital capitalism and the gig economy, the paper proposes an original and radical approach to reforming large law firms in the light of the digitalization. Among other things, the paper discusses (I) the partnership as organizational tool for large law firms in an increasingly digital and agile legal field; (II) the importance of multidisciplinary practices and of the relationship between lawyers and non-lawyers within firms; and (III) the centrality of outsourcing strategies to legal tech companies and other actors in order to deliver legal services more effectively and in a more client-oriented manner. Full article
(This article belongs to the Special Issue Laws and Emerging Technologies)
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