information technology law research topics

Technology & the Law

Software, hardware, platforms, and networks are regulated by sometimes conflicting and overlapping sets of laws, policies, and norms. New technologies are constantly creating new frontiers for policymakers trying to understand and balance the costs and benefits to society. Through novel research and discussion across viewpoints and sectors, we seek to understand the complexities at play and help inform policy.

Our Work 173

Vectors of AI Governance

Juxtaposing the U.S. Algorithmic Accountability Act of 2022 with The EU Artificial Intelligence Act

This article juxtaposes proposed legislation in the US and EU for regulating AI and reflects on the future direction of AI governance.

BKC Comment to the FTC on Transparency and Commercial Surveillance

On behalf of BKC and its projects and associates, the Cyberlaw Clinic submitted a comment regarding the FTC's ANPR related to commercial surveillance and data privacy.

Digital Crime Scenes

The Role of Digital Evidence in the Persecution of LGBTQ People in Egypt, Lebanon, and Tunisia

Digital evidence has made it easier for law enforcement to identify, harass, and prosecute LGBTQ people...

Protecting and Promoting AI Innovation: Patent Eligibility Reform as an Imperative for National Security and Innovation

Three Part Virtual Symposium - Security, Privacy, and Innovation: Reshaping Law for the AI Era

VIDEO: Security, Privacy, AI, Law

Constitutional Values and the Rule of Law in the AI Era: Confronting a Changing Threat Landscape

Responding to AI Enabled Surveillance and Digital Authoritarianism

VIDEO: Security, Privacy, AI

Cyberlaw Clinic and EFF publish Guide to Legal Risks of Security Research

Guide provides pragmatic guidance for navigating today’s uncertain legal landscape

Cyberlaw Clinic weighs in on warrantless device searches at the US border

Mason Kortz discusses an amicus brief filed on behalf of the Harvard Immigration and Refugee Clinic

Global Perspectives on Data Collection, Contact Tracing, and COVID-19

Network of Centers discussion focuses on uses of data to combat COVID-19

[Virtual] Why Fairness Cannot Be Automated

Video & Podcast: Bridging the Gap Between EU Non-Discrimination Law & AI

Fairness and discrimination in algorithmic systems are globally recognized as topics of critical importance. To date, the majority of work in this area starts from an American…

Cyberlaw Clinic turns 20

Founded in 1999, the first-of-its-kind clinical program based at the Berkman Klein Center celebrates two decades of perpetual adaptation

From clinical student to clinical instructor

Kendra Albert shares their Cyberlaw Clinic story

Kendra Albert

Napster@20: Reflections on the Internet’s Most Controversial Music File Sharing Service

Part of the Cyberlaw Clinic 20th Anniversary Event Series

VIDEO & PODCAST: Examining the direct and indirect legacy of Napster over the past two decades

Re-Framing the Frame

Preparing Justice-Seekers through Legal Education

Read more about the Re-Framing the Frame Workshop here.  This talk takes a critical look at the consequences of framing legal education as it stands now: as law from…

Clinic Releases Guide to Anti-Circumvention Exemption for Software Preservation

A new guide for preservationists who want to take advantage of the legal exemption to archive software

Harvard Law Just Released 6.5 Million Court Decisions Online

40 million pages of U.S. court decisions made available free and in-full online for the first time

Coming in from the Cold: A Safe Harbor from the CFAA and DMCA §1201

A proposal for a statutory safe harbor from the Computer Fraud and Abuse Act and DMCA for security research activities.

Art that Imitates Art

Computational Creativity and Creative Contracting

Copyright in AI-generated works, the need for a shared understanding of what is and isn’t up for grabs in a license, and how forward-thinking contracts can prevent AI developers…

Governance and Regulation in the land of Crypto-Securities (as told by CryptoKitties)

featuring founding members, Dieter Shirley and Alex Shih

Join founding members of the CryptoKitties team, Dieter Shirley and Alex Shih, as they discuss the unique governance, legal, and regulatory challenges of putting cats on the…

AGTech Forum Briefing Book: State Attorneys General and Artificial Intelligence

Artificial intelligence is already starting to change our lives. Over the coming decades, these new technologies will shape many of our daily interactions and drive dramatic…

The Law and Ethics of Digital Piracy

Evidence from Harvard Law School Graduates

When do Harvard law students perceive digital file sharing (and piracy) as fine?

Force of Nature

Celebrating 20 Years of the Laws of Cyberspace

Join us as we celebrate 20 years of the Laws of Cyberspace and the ways in which it laid the groundwork for our Center's field of study.

Tales from the Public Domain

James Boyle and Jennifer Jenkins discuss "Theft! A History of Music"

You can download the book here. Event Description This comic lays out 2000 years of musical history. A neglected part of musical history. Again and again there…

Remedies for Cyber Defamation

Criminal Libel, Anti-Speech Injunctions, Forgeries, Frauds, and More

“Cheap speech” has massively increased ordinary people’s access to mass communications -- both for good and for ill. How has the system of remedies for defamatory, privacy…

A talk with Marilù Capparelli, PhD

Legal Director at Google

Please join the Harvard Italian Law Association and the Berkman Klein Center for Internet & Society for a discussion on several legal and regulatory issues concerning digital…

The Right of Publicity

Privacy Reimagined for a Public World

Jennifer E. Rothman discusses her book, The Right of Publicity: Privacy Reimagined for a Public World (Harvard University Press 2018). She challenges the conventional story of the…

Big Data, Health Law, and Bioethics

This timely, groundbreaking volume explores how law promotes or discourages the use of big data in the health care sphere.

Follow-up Letter to the Members of the Massachusetts Legislature Regarding the Adoption of Actuarial Risk Assessment Tools in the Criminal Justice System

The following open letter — signed by Harvard and MIT-based faculty, staff, and researchers — is directed to the Massachusetts Legislature to inform its consideration of risk…

Health Care Costs and Transparency

featuring John Freedman, President & CEO of Freedman HealthCare

Health spending continues to outpace wages and GDP, while some new insurance designs transfer greater shares of that to patients’ own out of pocket costs. What is driving health…

The “Monkey Selfie” Case: Can Non-Humans Hold Copyrights?

featuring a panel of experts on copyright, cyber law, and intermediary liability issues

Can non-human animals own copyrights? Can artificial intelligence machines? Join the Berkman Klein Center, the Harvard Law School Animal Law & Policy Program, and the HLS Student…

Who Owns Your Ideas and How Does Creativity Happen?

A Conversation with Professor Orly Lobel

Who owns your ideas? How are cultural icons created and who gets to control their image and message? Orly Lobel’s new book You Don’t Own Me is about how intellectual property both…

Community-Owned Fiber Networks: Value Leaders in America

Pricing Review Shows They Provide Least-Expensive Local "Broadband"

Our examination of advertised prices shows that community-owned fiber-to-the-home (FTTH) networks in the United States generally charge less for entry-level broadband service than…

Accountability of AI Under the Law: The Role of Explanation

The paper reviews current societal, moral, and legal norms around explanations, and then focuses on the different contexts under which an explanation is currently required under…

Apply for a Spot in CopyrightX 2018

CopyrightX is a networked course that explores the current law of copyright; the impact of that law on art, entertainment, and industry; and the ongoing debates concerning how the…

An Open Letter to the Members of the Massachusetts Legislature Regarding the Adoption of Actuarial Risk Assessment Tools in the Criminal Justice System

This open letter — signed by Harvard and MIT-based faculty, staff, and researchers— is directed to the Massachusetts Legislature to inform its consideration of risk assessment…

Zero Rating & Internet Adoption

Workshop Paper & Research Agenda

In March of 2016, a diverse group of stakeholders gathered to discuss the use of zero rating as a means to improve Internet adoption in the developing world and how and when it…

Enabling Competition & Innovation on a City Fiber Network

The municipally owned fiber-optic network of Ammon, Idaho provides one model for U.S. public entities and policymakers seeking to increase service competition and innovation.

The Ethics and Governance of Artificial Intelligence Fund Commits $7.6 Million to Support the Development of AI in the Public Interest

With the Berkman Klein Center and  MIT Media Lab as academic anchor institutions, the Ethics and Governance of Artificial Intelligence Fund announced today funding for nine…

AI and the Law: Setting the Stage

We as a society are only beginning to understand the ethical, legal, and regulatory challenges associated with AI, as well as develop appropriate governance models and responses.

Open Data Privacy Playbook

This report codifies responsible privacy-protective open data approaches and processes that could be adopted by cities and other government organizations.

Internet Designers as Policy-Makers

Sandra Braman, Abbott Professor of Liberal Arts at Texas A&M University

Those responsible for technical design of the Internet are essential among the policy-makers for this large-scale sociotechnical infrastructure. Based on analysis of the…

Hyperloop Law: Autonomy, Infrastructure, and Transportation Startups

featuring General Counsel of Hyperloop One, Marvin Ammori

The future of transportation may include Google's autonomous vehicles, Uber's flying cars, and Amazon's delivery drones--all bound together by a high-speed hyperloop backbone. You…

Bottom-up Constitutionalism: The Case of Net Neutrality

with Christoph Graber, Berkman Klein Faculty Associate

Can we observe the emergence of a new fundamental right that is protecting the Internet? Can such a constitutionalisation process originate from civil society?

Smart Grid Paybacks: The Chattanooga Example

After building a fiber optic network throughout its service territory, the city-owned electric utility in Chattanooga, Tennessee, in 2010 became the first U.S. company to offer…

Citizens Take Charge: Concord, Massachusetts, Builds a Fiber Network

In this case study, the authors describe the municipal smart grid and fiber-to-the-home Internet access project in the town of Concord, Massachusetts, and quantify early paybacks…

Free Independent Health Records

featuring Adrian Gropper, MD

Free Independent Health Records are an important use-case for self-sovereign technology that links individual people with licensed practitioners and connected services. Blockchain…

Berkman Klein Center and MIT Media Lab to Collaborate on the Ethics and Governance of Artificial Intelligence

Supported by the Knight Foundation, Omidyar Network, LinkedIn founder Reid Hoffman, Hewlett Foundation, and more

Several foundations and funders today announced the Ethics and Governance of Artificial Intelligence Fund, which will support interdisciplinary research to ensure that AI develops…

Does Public Attention Reduce the Influence of Interest Groups?

Policy Positions on SOPA/PIPA Before and After the Internet Blackout

This paper investigates the role public attention plays in determining the effect that campaign contributions funded by interests groups have on legislators’ policy positions.

Apply for a spot in CopyrightX

CopyrightX is a networked course that explores the current law of copyright; the impact of that law on art, entertainment, and industry; and the ongoing debates concerning how the…

Networked Policy Making Avenues: Assessing the Role of Academics in Digital Policy

There are a growing number of examples that point toward a change in the way public policy is made in the digital age. This new context, which we refer to as networked…

Culture Change and Digital Technology: The NYPD under Commissioner William Bratton, 2014-2016

This white paper explores NYPD's adoption of Twitter and an ideation platform called IdeaScale that was aimed at allowing community members to nominate "quality of life" issues…

WiredWest: a Cooperative of Municipalities Forms to Build a Fiber Optic Network

Western Massachusetts Towns Create a New Model for Last-Mile Connectivity, but a State Agency Delays Approval and Funding

A new case study from the Berkman Center's Municipal Fiber Initiative profiles a group of Western Massachusetts towns who have created a new model for last-mile connectivity.

Cyberlaw Clinic and Lumen Project Reps Contribute to Section 512 Study

On April 1st, the Copyright Office closed the initial comment period for a public study undertaken to evaluate the impact and effectiveness of the Digital Millennium…

Maximizing K-12 Fiber Connectivity Through E-Rate: An Overview

An evaluation of self-construction, dark fiber, and lit fiber options for school districts following recent enhancements to E-rate

This new toolkit provides school system leaders the guidance to understand and leverage the federal E-rate program, which provides up to $3.9 billion annually to subsidize the…

Cyberlaw Clinic FAQ — 2016-17 Registration Starts Soon!

Harvard Law School 1Ls and 2Ls should now be aware that clinical registration for the 2016-17 academic year takes place this week, starting at 9:00 am on Wednesday, March 30 and…

Towards Digital Constitutionalism? Mapping Attempts to Craft an Internet Bill of Rights

The idea of an “Internet Bill of Rights” is by no means a new one: in fact, serious efforts to draft such a document can be traced at least as far back as the mid-1990s. In this…

Designing Successful Governance Groups

Lessons for Leaders from Real-World Examples

The Berkman Center for Internet & Society, together with the Global Network of Internet and Society Research Centers (NoC), is pleased to announce the release of a new publication…

Holyoke: A Massachusetts Municipal Light Plant Seizes Internet Access Business Opportunities

Holyoke Gas & Electric’s telecom division provides high-speed Internet access to local businesses and public agencies, bringing in revenue and profits while aiding in local…

Interoperability in the Digital Ecosystem

The Berkman Center is pleased to announce the publication of a new paper, "Interoperability in the Digital Ecosystem." The paper builds upon our previous interoperability work,…

Applications open for Advanced Copyright Practice, a new HLS Executive Education course

Faculty co-director William Fisher, together with five faculty, will teach Advanced Copyright Practice on May 7-9, 2015. The application deadline is April 15.

Update, April 14, 2015: this course has been indefinitely postponed. This intensive three-day executive education course is designed for lawyers who would like to deepen their…

Governance of Online Intermediaries: Observations From a Series of National Case Studies

This project examines the rapidly changing landscape of online intermediary liability at the intersection of law, technology, norms, and markets, and is aimed at informing and…

Multistakeholder as Governance Groups: Observations from Case Studies

The project explores existing multistakeholder governance groups with the goal of informing the future evolution of the Internet governance ecosystem. The research effort…

National Security and Cyberthreats

A Conversation with John Carlin, Assistant Attorney General for National Security

Join Assistant Attorney General for National Security HLS alumnus and Heyman Fellow John Carlin, together with moderator Jonathan Zittrain, for a conversation about significant…

Who Gets a Press Pass?

Media Credentialing Practices in the United States

This study, the first of its kind to perform a quantitative examination of media credentialing in the United States, surveys the experience of journalists throughout the country…

Ethereum: Freenet or Skynet ?

Primavera De Filippi, Berkman Center Fellow

Ethereum: smart contracts, distributed autonomous organizations, and the law. Can the dreams of an autonomous decentralized society be implemented through the tyranny of code?

Cloud Innovation and the Law: Issues, Approaches, and Interplay

“Cloud Innovation and the Law: Issues, Approaches, and Interplay,” authored by Berkman Center Executive Director and Harvard Law School Professor of Practice Urs Gasser, draws…

Governments and Cloud Computing: Roles, Approaches, and Policy Considerations

In this paper, Urs Gasser and David O'Brien synthesize findings from a multi-year cloud computing research initiative led by the Berkman Center in close collaboration with the…

Interoperability Case Study: From Crowdsourcing Potholes to Community Policing

Applying Interoperability Theory to Analyze the Expansion of “Open311”

Following the four primary applications of interoperability theory laid out by Palfrey and Gasser, this paper is organized into five Parts: (1) Part One introduces the topic; (2)…

Cyberlaw Clinic - Fall 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world client counseling, licensing and…

Interoperability Case Study: The European Union as an Institutional Design for Legal Interoperability

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser Interop: The Promise and Perils of Highly…

Filling the News Gap in Cambridge and Beyond: Citizen Journalism and Grassroots Media

The event will explore the quickly expanding world of citizen journalism: how technology is fueling its growth; how that growth is changing the way we see our world, enact change,…

Cyberlaw Clinic - Spring 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,…

Music and Digital Media: Seminar - Spring 2013

This course explores a variety of legal issues relating to the creation, exploitation, and protection of music and other content. The seminar focuses on traditional legal regimes…

Cyberlaw Clinic - Winter 2013

Interoperability case study: electronic data interchange (edi), open wireless vs. licensed spectrum: evidence from market adoption.

The paper reviews evidence from eight wireless markets: mobile broadband; wireless healthcare; smart grid communications; inventory management; access control; mobile payments;…

Interoperability Case Study: Mobile Phone Chargers

Interoperability Case Study: Cloud Computing

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser - Interop: The Promise and Perils of Highly…

Cyberlaw Clinic - Fall 2012

Interoperability case study: the bar code/upc, interoperability case study: the smart grid.

Interop: The Promise and Perils of Highly Interconnected Systems

In Interop, technology experts John Palfrey and Urs Gasser explore the immense importance of interoperability—the standardization and integration of technology—and show how this…

Interoperability in Information Systems in the Furtherance of Trade

Urs Gasser and John Palfrey have continued to contribute to the World Trade Institute’s NCCR Trade Policy project with a particular focus on the interoperability as an enabler of…

Fostering Innovation and Trade in the Global Information Society: The Different Facets and Roles of Interoperability

Mapping Cloud Interoperability in the Globalized Economy: Theory and Observation from Practice

John Palfrey and Urs Gasser

John Palfrey and Urs Gasser discussed their new book on Interoperability book and its themes.

Making large volunteer-driven projects sustainable. Lessons learned from Drupal

Dries Buytaert, original creator and project lead of Drupal

In this talk, Dries shares his experiences on how he grew the Drupal community from just one person to over 800,000 members over the past 10 years.

Rethink Music Conference 2012

Rethink Music is a hands-on conference designed to bring music stakeholders together to discuss business models for the future, examine copyright challenges in the digital era,…

The Growth and Decay of Shared Knowledge

Dennis Tenen, fellow at the Berkman Center for Internet and Society

In this talk, Dennis will discuss our intuitions about knowledge domains and the methods by which such intuitions could be modeled empirically. Along the way, we will have the…

Guide to the IRS Decision-Making Process under Section 501(c)(3) for Journalism and Publishing Non-Profit Organizations

Until and unless there is action in Congress to facilitate tax exemptions for journalism non-profits, news organizations seeking 501(c)(3) status must learn how to structure their…

Interoperability Case Study: Internet of Things (IoT)

Interoperability case study: intermodal containers and global cargo transport.

Youth and Digital Media: From Credibility to Information Quality

Building upon a process- and context-oriented information quality framework, this paper seeks to map and explore what we know about the ways in which young users of age 18 and…

The Promises of Web-based Social Experiments

Jerome Hergueux, Berkman Center Fellow

In this talk, Jerome Hergueux will engage the audience in a discussion about the specificities, limitations and promises of web-based behavioral experiments for advancing social…

Designing for Remixing: Computer-supported Social Creativity

Andres Monroy-Hernandez, Berkman Fellow & MIT Media Lab

In this talk Andres Monroy-Hernandez presents a framework for the design and study of an online community of amateur creators. This event will be webcast live at 12:30PM ET.

The Spanish Revolution & the Internet: From free culture to meta-politics

Mayo Fuster Morell, Berkman Center Fellow

In the context of multiple crises – ecological, political, financial and geopolitical restructuring – large mobilizations are taking place in several countries. In the Spanish…

Media Law in the Digital Age: The Rules Have Changed -- Again

Co-produced by the Citizen Media Law Project at Harvard's Berkman Center for Internet & Society and Kennesaw State's Center for Sustainable Journalism, Media Law in the Digital…

The Penguin and the Leviathan: How Cooperation Triumphs over Self-Interest

Yochai Benkler, Berkman Center Faculty Co-Director

In his new book, Yochai Benkler uses evidence from neuroscience, economics, sociology, biology, and real-world examples to break down the myth of self-interest and replace it with…

Almost Wikipedia: What Eight Collaborative Encyclopedia Projects Reveal About Mechanisms of Collective Action

Benjamin Mako Hill, Berkman Center & MIT

Benjamin Mako Hill will present some preliminary findings from a qualitative, inductive, case-study based analysis of 8 early projects to create online collaborative encyclopedias.

Law School for Digital Journalists

A Pre-Conference of the Online News Association's 2011 Conference

The Online News Association, Harvard’s Berkman Center for Internet & Society, and the UNC Center for Media Law and Policy present Law School for Digital Journalists, part of the…

Yochai Benkler draws on cutting-edge findings from neuroscience, economics, sociology, evolutionary biology, political science, and a wealth of real world examples to reveal how…

Global Interoperability and Linked Data Workshop

On May 16-17, 2011, the Berkman Center together with Open Knowledge Commons and the Institute for Information Law at the University of Amsterdam convened a group of technical and…

Rethink Music Conference

For the Berklee College of Music's Rethink Music conference, the Berkman Center for Internet & Society at Harvard University hosted a Call for Papers seeking policy proposals that…

Rethinking Music: A Briefing Book

The Berkman Center for Internet & Society is pleased to present this briefing book to participants in the Rethink Music conference. The book includes the Center’s own framing…

Designing Incentives for Inexpert Human Raters

This paper presents the results of an experiment comparing the effects of social, financial, and hybrid incentive schemes on worker performance in an online labor market (Amazon's…

The Cablevision Case - 2 Years Later: A Conversation About Copyright, Content, and the Cloud

R. David Hosp, Goodwin Procter LLP & Ed Weiss, New England Sports Ventures

The Berkman Center's Cyberlaw Clinic and Harvard Law School's Journal of Law and Technology present a conversation about 2008's landmark "Cablevision" case, in which the Second…

Accountability and Transparency at ICANN: An Independent Review

In August 2010, selected faculty and researchers at the Berkman Center initiated an independent, exploratory study analyzing ICANN’s decision-making processes and communications…

The Online Laboratory: Taking Experimental Social Science onto the Internet

Dave Rand, Berkman Fellow & Research Scientist at Harvard's Program for Evolutionary Dynamics

In this talk Dave Rand will describe how to go about designing and running experiments using Mechanical Turk, some successful experiments that have been run (mostly involving…

Media Law in the Digital Age: The Rules Have Changed, Have You?

We're pleased to announce that the Citizen Media Law Project at Harvard's Berkman Center and the Center for Sustainable Journalism at Kennesaw State University are co-hosting a…

Hacking the Casebook

The H20 Development Team

Traditional law school casebooks are expensive, bulky and stagnant. With the support of the HLS Library, Berkman has been updating our suite of classroom tools, H2O. In this…

The Rise of the News Aggregator: Legal Implications and Best Practices

This white paper attempts to answer the question of whether news aggregators violate current law by examining the hot news misappropriation and copyright infringement claims that…

Best Practices in the Use of Technology to Facilitate Access to Justice Initiatives

Preliminary Report

The Cyberlaw Clinic undertook this study to help the Massachusetts Trial Court work toward a comprehensive, holistic strategic plan for maximizing technology’s role in the Access…

Sexting: Youth Practices and Legal Implications

This document addresses legal and practical issues related to the practice colloquially known as sexting. It was created by Harvard Law School’s Cyberlaw Clinic, based at the…

Working Towards a Deeper Understanding of Digital Safety for Children and Young People in Developing Nations

An Exploratory Study by the Berkman Center for Internet & Society at Harvard University, in Collaboration with UNICEF

This paper's main objectives are: to raise awareness about issues related to digital safety for youth in developing nations; to provide a tentative map of these issues and give…

Preliminary Conclusions from The Industrial Cooperation Project

Carolina Rossini, Berkman Fellow

Carolina Rossini, Berkman Fellow, will report initial findings and conclusions from the Industrial Cooperation Project...

How the COPPA, as Implemented, Is Misinterpreted by the Public: A Research Perspective

Statement to the United States Senate, Subcommittee on Consumer Protection, Product Safety, and Insurance of the Committee on Commerce, Science, and Transportation

Statement by danah boyd, Urs Gasser, and John Palfrey, urging consideration of the gap between the intentions of COPPA and how children and their parents perceive its…

A Tale of Two Blogospheres: Discursive Practices on the Left and Right

This paper compares the practices of discursive production and participation among top U.S. political blogs on the left, right, and center during the summer of 2008 and finds…

Youth, Privacy and Reputation (Literature Review)

The scope of this literature review is to map out what is currently understood about the intersections of youth, reputation, and privacy online, focusing on youth attitudes and…

Symposium: Journalism's Digital Transition: Unique Legal Challenges and Opportunities

The Berkman Center's Citizen Media Law Project and Cyberlaw Clinic are pleased to announce a one-day symposium and CLE program to celebrate the launch of the Online Media Legal…

Old Habits Die Hard: Can Technology Change Deception?

Jeff Hancock, Cornell University

In this talk, Jeff will consider some of the myths commonly held about deception, and use the intersection of technology and deception to surface and rethink our assumptions about…

Transforming the Last Mile State

How Vermont can leapfrog a technology generation and lead the nation in connectivity, transparency and innovation.

Matt Dunne, former State Senator, Head of Community Affairs for Google and current candidate for Vermont Governor will share his vision for Vermont becoming the first truly 21st…

The hierarchy of virtue: mutualism, altruism, and signaling in Martu women’s cooperative hunting

Rebecca Bliege Bird, Stanford University

Rebecca Bliege Bird will discuss the question "Why do Martu women hunt cooperatively when they don't seem to benefit economically from doing so?" and suggests that demonstrating a…

Response to FCC Notice of Inquiry 09-94 “Empowering Parents and Protecting Children in an Evolving Media Landscape”

The response synthesizes current research and data on the media practices of youth, focusing on three main areas -- 1) Risky Behaviors and Online Safety, 2) Privacy, Publicity and…

Whither Blind Justice? Effects of Physiognomy on Judicial Decisions

Leslie Zebrowitz, Brandeis University

Research shows that peoples’ facial appearance influences impressions of their honesty and judgments of their culpability, effects that have been shown to bias decisions in the…

Next Generation Connectivity

A review of broadband Internet transitions and policy from around the world

The FCC announced that the Berkman Center would conduct an independent expert review of existing literature and studies about broadband deployment and usage throughout the world…

Signaling Theory and the Evolution of Religion

Richard Sosis, director of the Evolution, Cognition, and Culture Program at the University of Connecticut

Researchers from diverse disciplines have suggested that rituals and other religious behaviors serve as signals of an individual's commitment to a religious group, and some have…

Transformed Social Interaction in Virtual Reality

Jeremy Bailenson, founding director of Stanford University's Virtual Human Interaction Lab and an associate professor in the Department of Communication at Stanford

In this talk, Jeremy will describe a series of projects that explore the manners in which avatars (representations of people in virtual environments) qualitatively change the…

Brain Bases of Deception: Why We Probably Will Never Have a Perfect Lie Detector

Stephen M. Kosslyn, Dean of Social Science and John Lindsley Professor of Psychology at Harvard University and Associate Psychologist in the Department of Neurology at the Massachusetts General Hospital

Different brain systems are used when one produces lies in different ways, such as by fabricating lies spontaneously "on the fly" versus fabricating them on the basis of a…

The Social Efficiency of Fairness

Marshall Van Alstyne, Associate Professor at Boston University and Research Scientist at MIT

Property rights provide incentives to create information but they also provide incentives to hoard it prior to the award of protection. Marshall Van Alstyne will propose a…

Kudunomics: Information and Property Rights in the Weightless Economy

Sam Bowles, Santa Fe Institute, Behavioral Sciences Program

Sam Bowles will discuss how an evolutionary model and computer simulations will show how systems of property rights might respond to the challenges of the weightless economy.

Big Data, Global Development, and Complex Social Systems

Nathan Eagle, Omidyar Fellow at the Santa Fe Institute

Petabytes of data about human movements, transactions, and communication patterns are continuously being generated by everyday technologies such as mobile phones and credit cards…

Cloud Law, Finance 3.0, and Digital Institutions: A Report from the Berkman Center's Law Lab

John Clippinger, Urs Gasser, and Oliver Goodenough

The Berkman Center Law Lab is a project devoted to investigating and harness the varied forces — evolutionary, social, psychological, neurological and economic — that shape the…

An Evaluation of Private Foundation Copyright Licensing Policies, Practices and Opportunities

This project undertook to examine the copyright licensing policies and practices of a group of twelve private foundations. In particular, it looked at the extent to which…

HIT me baby one more time, Or: How I learned to stop worrying and love Amazon Mechanical Turk

Aaron Shaw, Berkman Center Fellow

Aaron Shaw will discuss who's using Amazon's Mechanical Turk, its implications for social scientists, the future of labor markets, and life on the Internet as we know it.

The Second and Third Enclosures

Lewis Hyde, Berkman Fellow

In his lunchtime talk, Lewis Hyde will trace the roots of the second enclosure (it goes back at least to the invention of printing); he will describe traditional forms of…

Harvard-MIT-Yale Cyberscholar Working Group

Aaron Shaw - Polanyi's Penguin? Commons-Based Industry in the Neoliberal Knowledge Economy; Colleen Kaman - The World in the Network; Rasmus Kleis Nielsen - Mundane Tools and…

How Shall the Commons Be Governed? New Challenges Facing the Digital Commons Sector

David Bollier, Author of "Viral Spiral: How the Commoners Built a Digital Republic of Their Own"

David Bollier will discuss the rise of the commons paradigm in the digital environment, the subject of his new book, "Viral Spiral: How the Commoners Built a Digital Republic of…

The End of Lawyers? The End of Law Schools?

Professor Richard Susskind, Author of "The End of Lawyers?" and IT Adviser to the Lord Chief Justice of England

Professor Richard Susskind predicts that the legal profession will be driven by two forces in the coming decade: by a market pull towards the commoditization of legal services,…

Law for a Flat World: Building Legal Infrastructure for the New Economy

Gillian K Hadfield of USC

Gillian K Hadfield on how and why our legal infrastructure is outdated and ill-suited to the new economy, looking mostly to the non-market or protected-market mechanisms on which…

Dynamic remodeling of in-group bias during the 2008 presidential election

People often favor members of their own group, while discriminating against members of other groups. Such in-group favoritism has been shown to play an important role in human…

The "Internet" of the developing world: using GSM networks to secure information

Ashifi Gogo, Dartmouth College

Ashifi Gogo will discuss the growing demand for information services on GSM and the innovative services being developed around mobile phones in the developing world.

ISTTF: Enhancing Child Safety and Online Technologies

John Palfrey, danah boyd, Dena Sacco, Laura DeBonis

John Palfrey, danah boyd, Dena Sacco, Laura DeBonis, directors of the recently concluded Internet Safety Technical Task Force, discuss the findings and recommendations from the…

Child Exploitation, Pornography, and the Internet: Seminar - Spring 2009

This course addresses the complex legal, technological, and social questions created by the rapidly increasing distribution of both child and adult pornography on the Internet…

Enhancing Child Safety and Online Technologies

Final Report of the Internet Safety Technical Task Force to the Multi-State Working Group on Social Networking of State Attorneys General of the United States

The Internet Safety Technical Task Force was created in February 2008 in accordance with the "Joint Statement on Key Principles of Social Networking Safety" announced in January…

Intellectual Property Law: Advanced - Spring 2009

This course is intended for students who are already familiar with the main contours of intellectual property law and would like to explore the subject further.

The Commons: Celebrating accomplishments, discerning futures

Jamie Boyle, Lawrence Lessig, Joi Ito, Molly S. Van Houweling, and Jonathan Zittrain

Creative Commons and the Berkman Center for Internet & Society present "The Commons: Celebrating accomplishments, discerning futures" tonight.

Participatory Governance: In open source communities, companies and government

Irving Wladawsky-Berger

Irving Wladawsky-Berger is a Visiting Professor of Engineering Systems at MIT, where he is involved in multi-disciplinary research and teaching activities focused on how…

The Google-Publishers Copyright Lawsuit Settlement

Join Jeffrey Cunard, one of the lead counsel for McGraw Hill and other publishers in their landmark copyright lawsuit against Google for its Google Library book search project, as…

The Uncertain Internet: Core Net Values for the [TBD] Administration

Jonathan Zittrain (Professor, Harvard Law School), Susan Crawford (Professor, University of Michigan Law School), Rich Miner (Mobile Platforms, Google; co-Founder of Android) and Alec Ross (Tech Policy Advisor to Obama)

Now is a critical moment for defining and reinforcing the best features of our communications platforms. What do we value about the internet and what should be the focus of the…

Armchair Revolutionary: Crowdsourcing Global Social Change

Ariel Hauter and Ori Neidich

We all want to make the world a better place, but we're discouraged from giving money and volunteer time to charities due to several layers of obstacles: transparency, efficacy,…

Giant Robots, Circumvention, and the Digital Millenium Copyright Act

StorageTek v. CHE, a technical talk by Christian Hicks, Elysium Digital

Christian Hicks, founder of Elysium Digital, discussed the case StorageTek v. CHE. This talk was co-sponsored by the Berkman Cyberlaw Clinic, the Harvard Computer Society, and the…

Internet Safety Technical Task Force (ISTTF) Open Meeting

The Berkman Center hosted a day and a half-long public meeting of the Internet Safety Technical Task Force.

Practical Lawyering in Cyberspace: Seminar - Fall 2008

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes…

CyberOne: Law in the Court of Public Opinion - Fall 2008

This year's Cyberone will begin with empathic argument and programming from scratch, then segue immediately to projects.

Citizen Media Law Project @ 1

David Ardia, Sam Bayard, Tuna Chatterjee

David Ardia, Sam Bayard, and Tuna Chatterjee of CMLP discussed trends in online publishing and previewed the CMLP database of subpeonas, cease-and-desist letters, and other…

The Pros and Cons of an 'Educational Fair Use' Project

Lewis Hyde, Berkman Fellow, spoke on "The Pros and Cons of an 'Educational Fair Use' Project" and how fiar use can be reclaimed as an expressive right.

Breaking Down Digital Barriers

John Palfrey and Urs Gasser Present New Research on Interoperability

This joint report followed the Roadmap to Open ICT Ecosystems released in 2005, as it navigates the nuanced territory of consumer, corporate, and governmental interests in the…

Practical Lawyering in Cyberspace: Seminar - Fall 2007

Sacked by copyright: dmca takedowns and free expression.

Wendy Seltzer, Berkman Fellow

Wendy Seltzer, founder of Chilling Effects, discussed "Sacked by Copyright: DMCA Takedowns and Free Expression."

Innovation, Interoperability, and IP

Brad Smith, General Counsel of Microsoft

General Counsel of Microsoft, Brad Smith, discussed ", Interoperability, and IP"

Interoperability In the New Digital Identity Infrastructure

This paper maps out multiple dimensions of interoperability in the emerging digital identity management infrastructure, with a view to promoting openness in this infrastructure…

The Wealth of Networks

How Social Production Transforms Markets and Freedom

Book Description, from Amazon: With the radical changes in information production that the Internet has introduced, we stand at an important moment of transition, says Yochai…

H2O Playlists Public Beta Release

Berkman H2O Team

Berkman Luncheon Series: 7/12/05 - Berkman H2O team on H2O Playlists Public Beta Release

Berkman Briefing: Diebold vs. The Bloggers

When the National Archives needed new vaults to protect the country’s most precious documents – the Declaration of Independence, the Constitution, and the Bill of Rights – it…

Berkman Briefing: Averting the Internet Meltdown

The eye-catching conference title, Preventing the Internet Meltdown, brought a number of experts and Internet pioneers to Los Angeles recently to discuss the future of the…

Berkman Briefing: Inside the Courtroom - The Music Industry Takes on the Uploaders

The Berkman Briefing, Inside the Courtroom, gives a firsthand look at Wednesday's hearing in the U.S. District Court of Massachusetts for one of the nearly 3000 lawsuits that the…

Berkman Briefing: Interacting at Interactive - Social Networks at SXSW

"Social Networks" was the hot topic at this year's Texas-based Internet conference, SXSW Interactive. The conference brought together leaders and innovators in the field on online…

Berkman Briefing: Rip, Mix, and Burn - Lessig's Case for Building a Free Culture

In a low-lit auditorium at Harvard University's Radcliffe Institute for Advanced Study, Stanford Law Professor Lawrence Lessig leaned against the podium and clicked a remote…

Berkman Briefing: Free Software, the Gospel

If Eben Moglen's recent address at Harvard could be condensed to bumper-sticker format, it might read: Free Software, It isn't just source code—It’s a way of life. Moglen is a…

Berkman Briefing: SCO vs. IBM - Questioning the Kernel

I went to see Darl McBride’s presentation, “Defending Intellectual Property in the Digital Age,” because I wanted to learn more about his company, SCO, and its challenge to open…

Berkman Briefing: WSIS – Conference Hype or Lasting Change?

In terms of size alone, the World Summit on the Information Society (WSIS) was a stunning achievement: 11,000 official participants representing 176 nations convened in Geneva for…

ICT and Education in Panama

Colin Maclay, Managing Director of the Berkman Center

Berkman Luncheon Series: 12/4/03 - Colin Maclay on ICT and Education in Panama

The Microsoft Case - Fall 1998

Professors Lessig and Zittrain will teach a research seminar on the Microsoft case. The seminar will meet at least once a week, beginning the week of 9/21. It will review the…

Community 160

Lawfare daily: anupam chander, kyle langvhardt, and alan rozenshtein on the supreme court's decision in moody v. netchoice.

Anupam Chander discusses the SCOTUS NetChoice rulings and the ramifications of the opinions.

Anupam Chander

Mechanical Intelligence and Counterfeit Humanity

Harry R. Lewis crafts a view of the future of AI and humanity by reflecting on the past six decades of computer advancement.

Harry Lewis

Global ai regulation: protecting rights; leveraging collaboration.

Policy experts from Africa, Europe, Latin America, and North America outlined next steps for global AI regimes and networked capacity building

BKC Senior Director of Programs and Strategy Lis Sylvan and former BKC Research Assistant Niharika Vattikonda summarize the Global Network of Internet and Society Research Center…

Elisabeth Sylvan

More Questions Than Flags: Reality Check on DSA’s Trusted Flaggers

Dylan Moses and Elodie Vialle react to the DSA's 100 days.

Dylan Moses

Elodie Vialle

What We're Talking About When We Talk About Rural AI

Jasmine McNealy checks in with Justin Hendrix on her two day workshop touching on topics such as discrimination in algorithmic systems.

Jasmine McNealy

I love facebook. that’s why i’m suing meta..

Ethan Zuckerman explains why he is seeking, with the Knight First Amendment Institute, a court ruling protecting the use of middleware apps that give users more agency over what…

Ethan Zuckerman

What's next for tiktok, and us tech policy.

Anupam Chander reacts to the new law that could ban TikTok, underlining the need for greater accountability in the US government's tech regulation.

Can an online library of classic video games ever be legal?

Kendra Albert testified in front of the Copyright Office over the DMCA and a potential exemption that would apply to video games.

ARTificial: Why Copyright Is Not the Right Policy Tool to Deal with Generative AI

Micaela Mantegna argues that copyright law is ill-equipped to deal with generative AI.

Micaela Mantegna

Cyberlaw clinic testifies before copyright office in dmca hearings.

The Cyberlaw Clinic testified before the Copyright Office on exemptions to §1201 of the Digital Millennium Copyright Act, which prohibits the circumvention of certain technical…

‘The People’s Joker’ and the Perils of Playing With a Studio’s Copyright

BKC Director Rebecca Tushnet explains the fair use doctrine of copyright.

Rebecca Tushnet

152 Rebecca Tushnet, Of Bass Notes and Base Rates

Discussing her paper, Of Bass Notes and Base Rates: Avoiding Mistaken Inferences About Copying, BKC Director Rebecca Tushnet explains evidentiary challenges in copyright…

Cyberlaw Clinic Instructor Mason Kortz discusses the legal arguments, possible resolutions, and potential implications of the NYT v. OpenAI lawsuit.

Mason Kortz

Bulelani jili on technology in africa.

BKC Fellow Bulelani Jili explores the role of technology in Africa-China relations.

Bulelani Jili

The Bizarre Future of Batman Toys

BKC Director Rebecca Tushnet comments on familiar characters entering the public domain, losing copyright protection.

Online Harms Act: a step in the right direction to protect Canadians online

Florian Martin-Bariteau evaluates the Online Harms Act, a complex proposal to protect Canadians online.

Florian Martin-Bariteau

Air/time travel: rethinking appropriation in global hci and futures of electronic exchange.

BKC Affiliate Daniel Mwesigwa and Christopher Csíkszentmíhalyi reexamine appropriation in Human-Computer Interaction.

Daniel Mwesigwa

It’s high noon at the high court for internet free speech. What’s next for social media users?

BKC Director Rebecca Tushnet comments on what First Amendment speech protections look like in online discussions.

Why Online Free Speech Is Now Up to the Supreme Court

2023-2024 RSM Visiting Scholar Anupam Chander provides insight on the content moderation cases before the Supreme Court this term.

The legal profession in 2024: AI

BKC Faculty Associate David Wilkins discusses how generative AI may impact the legal practice.

David Wilkins

Does copyright help artists? Not necessarily, say these writers.

Madhavi Sunder reviews Who Owns This Sentence?, which weaves through the history of copyright and grapples with key current issues.

Madhavi Sunder

Social media can harm kids. Can laws protect them?

BKC Faculty Associate Leah Plunkett coments on whether laws geared towards keeping children safe online will be enforceable.

Leah Plunkett

The fresh prince of joseon: how a crypto mogul became a korean royal heir—and formed a digital kingdom.

2023-2024 RSM Visiting Scholar​​​​​​​ Anupam Chander comments on the feasibility of creating digital countries.

“Where are you” vs “How are you”?

BKC Affiliate Tunde Okunoye contemplates what investment in digital identification projects in Africa may achieve—and who they may benefit.

Babatunde Okunoye

The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.

Rebecca Tushnet comments on the Copyright Office's involvement in the determination of where AI fits into intellectual property laws.

Clinic Represents SPN and LCA in 1201 Rulemaking to Reduce Barriers to Software Preservation

The Cyberlaw Clinic, on behalf of the Software Preservation Network (SPN) and Library Copyright Alliance (LCA), sought to expand existing exemptions to allow for eligible memory…

'Steamboat Willie' is now in the public domain. What does that mean for Mickey Mouse?

Ruth Okediji discusses "Steamboat Willy" and protection of the public domain.

Ruth L. Okediji

Big Tech has long avoided responsibility for online content. Generative AI could end that.

Anupam Chander spoke to Business Insider on the potential for generative AI to hold Big Tech responsible for online content. 

Algorithmic Institutionalism

In a new Oxford University Press book, Virgilio Almeida delves into the increasing presence of algorithms in everyday decisions, exploring their social and political impacts…

Virgilio Almeida

On the bookshelves, fall 2023

Faculty Associate Ifeoma Ajunwa's book talk, The Quantified Worker: Law and Technology in the Modern Workplace, was discussed in Harvard Law School's Fall 2023 book event roundup.

Ifeoma Ajunwa

Supporting free speech means supporting victims of slapp suits, even if you disagree with the speakers.

Cyberlaw Clinical Instructor and Director of IfRFA Kendra Albert leads an amicus brief supporting free speech rights.

The Internet Enabled Mass Surveillance. A.I. Will Enable Mass Spying.

BKC Affiliate Bruce Schneier argues that AI is on track to reduce spying's current limiting factor: the need for human labor.

Bruce Schneier

Harvard law school professor finds chatgpt invents fake law less than the supreme court.

BKC Faculty Associate Larry Lessig interacts with ChatGPT, finding that it ChatGPT was both more forthright and more analytically astute about the tensions (and worse) in Supreme…

Larry Lessig

As nh sues meta, it also urges social media literacy instruction for kids.

BKC Faculty Associate Leah Plunkett discusses the difficulties parents face when raising children in the internet age.

Fifteen Questions: Jonathan Zittrain on Social Media, AI Litigation, and CompuServe

Faculty Director Jonathan Zittrain discusses AI regulation, moderating online communities, and the Applied Social Media Lab.

Jonathan Zittrain

Holly herndon’s infinite art.

BKC Director Rebecca Tushnet comments on the copyright implications of A.I.-generated art.

Thinking Through Generative AI Harms Among Users on Online Platforms

BKC Faculty Associate Sameer Hinduja offers a deep dive into the sobering potential of generative AI tools to perpetuate online harassment at massive scale.

Sameer Hinduja

Intellectual property and “the lost year” of covid-19 deaths.

Madhavi Sunder and Haochen Sun explain how Intellectual Property protections impacted the COVID-19 pandemic and the development, availability, and distribution of the COVID…

Haochen Sun

Who's in Charge in a Kid-Influencer World?

Leah Plunkett is a Faculty Associate at the Berkman Klein Center and an expert in digital privacy law and digital life for kids, teens, and families.

Cyberlaw and Election Law Clinics File Joint Comment on AI in Campaign Ads

The Harvard Cyberlaw Clinic and the Harvard Election Law Clinic have jointly submitted a response to the Federal Election Commission’s (FEC) request for comments about Artificial…

Casey Goes to the White House + The Copyright Battle Over Artificial Intelligence + HatGPT

BKC Director Rebecca Tushnet joined the Hard Fork podcast to explain the latest developments in a lawsuit against the creators of AI image-generation tools.

Co-Designing Shared Futures

BKC Senior Director of Programs and Strategy Lis Sylvan introduces Co-Designing Generative Futures, a collection of multidisciplinary transnational reflections and speculations…

What is fair use in the age of AI?

Ruth Okediji moderated a Rappaport Forum on what's at stake with the rise of Artificial Intelligence.

A year after Elon Musk bought Twitter, LGBTQ people say it has become toxic

Cyberlaw Clinical Instructor Alejandra Caraballo comments on how Twitter, now X, has become toxic for LGBTQ people since Elon Musk's takeover of the platform.

Alejandra Caraballo

The use of new technologies in immigration and asylum governance: implications for human rights.

BKC Faculty Associate Petra Molnar joins the RefugeE Studies Center to discuss how the use of new technologies in immigration and asylum governance affect human rights. 

Petra Molnar

Harvard professor lawrence lessig on why ai and social media are causing a free speech crisis for the internet.

BKC Faculty Associate Larry Lessig speaks with The Verge's Nilay Patel about BKC's new Applied Social Media Lab and why AI and social media are causing a free speech crisis for…

A Trademark Dispute Is Tearing the Tiny Film Photography Community Apart

Rebecca Tushnet explains that tradmark holders often make the argument that they have no choice but to try to enforce its trademark but this argument rarely holds water.

Towards a Legal Understanding of Social Data

BKC Faculty Associate Salomé Viljoen and collaborator Amanda Parsons, explain why current laws are not well equipped to confront problems generated by the rise of informational…

Salomé Viljoen

Key issues in writers' case against openai explained.

BKC Director Rebecca Tushnet explains key issues in the writers' case against OpenAI and discusses some of the broader legal issues around emerging tech. 

Why false advertising suits are on the rise in the fast-food industry

BKC Director Rebecca Tushnet explains the harms of false advertising and the need for remedies. 

Digital Border Governance: a Human Righst Based Approach

With the United Nations Human Rights Office, Lorna McGregor and Petra Molnar launched a study advocating for a human-rights based approach to digital border technologies. 

Social Media, Youth, and New Legislation: The Most Critical Components

BKC Faculty Associate Sameer Hinduja discusses the challenge of regulating social media platforms to protect young people.

What happens when AI trains itself?

BKC Faculty Associate Ethan Zuckerman describes roadblocks to AI's continued training and learning. 

How Dating Became a Paradise for Predators

BKC Faculty Associate Leah Plunkett comments on the relationship between social media platforms and the harms that may occur on them.

Pyramid Schemes Are Illegal. MLMs Are Not. What About the Tech That Powers Them?

BKC Director Rebecca Tushnet comments on accountability for software companies servicing multi-level marketing companies accused of being pyramid schemes. “Regulators take the…

Algorithmic Harm in Consumer Markets

BKC Faculty Associate Oren Bar-Gill and co-director of Artificial Intelligence and Law Project Cass R. Sunstein, co-write with Inbal Talgam-Cohen on addressing the potential harms…

Oren Bar-Gill

Cass Sunstein

A categorization of decentralized autonomous organizations: the case of the aragon platform.

Andrea Peña-Calvin, Jorge Saldivar, Javier Arroyo, and Samer Hassan provide insights on decentralized autonomous organizations (DAOs).

Samer Hassan

Harvard law school and berkman klein center announce new ai and the law initiative.

Harvard Law School and BKC announce a new initiative on AI and the law which will be directed by Harvard Law Professors Oren Bar-Gill and Cass R. Sunstein.

Want to stop harmful tech? Just say no

BKC Faculty Associate Ethan Zuckerman calls upon people to consider how technology is currently harming some groups and ways to end that harm. 

A.I. Microdirectives Could Soon Be Used for Law Enforcement

BKC Affiliate Bruce Schneier writes about the use of AI systems that is harming the most vulnerable society. 

The Future of Online Speech Shouldn’t Belong to One Trump-Appointed Judge in Louisiana

BKC Rebooting Social Media Visiting Scholar Kate Klonick writes about a federal court ruling that restricted the Biden administration’s communications with social media platforms.

Kate Klonick

How Tech Regulation Can Leverage Product Experimentation Results

BKC Affiliate Nathaniel Lubin writes about how tech regulation could benefit from using the data from companies' private experimentation results.

Nathaniel Lubin

Why FTC’s child privacy push costs Seattle’s biggest employers millions

BKC Faculty Associate Leah Plunkett comments on children's privacy rights.

Datafication, Identity, and the Reorganization of the Category Individual

BKC Affiliate Juan Ortiz Freuler proposes a framework for understanding how current technological developments are putting pressure on our existing conceptions of the individual…

Juan Ortiz Freuler

Generative AI is a minefield for copyright law

BKC Assistant Director of the Cyberlaw Clinic Jessica Fjeld writes about the challenges that arise in the realm of copyright law due to the increased use of generative AI. 

Jessica Fjeld

The feds are coming for crypto. can it survive.

BKC Affiliate Molly White writes about lawsuits filed by the Securities and Exchange Commission against two of the world's largest cryptocurrency exchanges.

Molly White

Imagine A Community: Obscenity’s History and Moderating Speech Online

Clinical instructor at the Cyberlaw Clinic and director of the Initiative for a Representative First Amendment Kendra Albert writes about the history of obscenity’s community…

Big Tech Isn’t Prepared for A.I.’s Next Chapter

BKC Affiliate Bruce Schneier writes about the open-source future of generative AI.

This Harvard Law Professor is an Expert on Digital Technology

The career of Jonathan Zittrain is profiled by IEEE Spectrum.

Podcast Episode: Safer Sex Work Makes a Safer Internet

Clinical instructor at the Cyberlaw Clinic Kendra Albert discusses how an internet that is safe for sex workers is an internet that is safer for everyone.

AI Desperately Needs Global Oversight

BKC Responsible AI Fellow Rumman Chowdhury advocates for global oversight of AI. 

Rumman Chowdhury

Social media platforms and challenges for democracy, rule of law and fundamental rights

BKC Faculty Associate Beatriz Botero Arcila and collaborator Rachel Griffin release a study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and…

Beatriz Botero Arcila

What’s the Future for A.I.?

BKC Affiliate Aviv Ovadya comments on the need for cross-cutting, international regulation of AI.

Aviv Ovadya

GPT-4 needs more robust testing, “red team” member says

BKC Affiliate Aviv Ovadya speaks about the need for more robust testing for GPT-4. 

Grindr sends Egypt users a warning after alleged entrapments and arrests

BKC Affiliate Afsaneh Rigot comments on the arrests of LGBTQ+ people in Egypt.

Afsaneh Rigot

Supreme court to hear case on ‘bad spaniels’ v. jack daniel’s.

Rebecca Tushnet discusses the Rogers test as a standard for trademark infringement which is implicated in a current Supreme Court case involving a dog toy company spoofing Jack…

How AI could write our laws

BKC Affiliates Nathan Sanders and Bruce Schneier write about the potential influence of ChatGPT and generative AI on lobbying.

Nathan Sanders

Towards Responsible Quantum Technology

Urs Gasser contributed to a paper urging technologists to proceed and innovate responsibly. 

The Amendment the Court Forgot in Twitter v. Taamneh

Evelyn Douek writes with Genevieve Lakier about the free speech ramifications of Twitter v Taamneh...

Evelyn Douek

Tiktok's api guidelines are a minefield for researchers.

BKC Affiliate Joe Bak-Coleman writes about TikTok’s new API designed to provide data access to qualified researchers.

Joe Bak-Coleman

New Border Force unit to deploy more surveillance tech in Channel

"Instead of investing in costly technologies, governments could be using this money to strengthen access to justice, services and psycho-social support for people who are…

Amazon's Trickle-Down Monopoly

BKC Faculty Associate Moira Weigel writes about third-party sellers and the critical role they play in lending Amazon monopolistic power.

Moira Weigel

Meet The Three Artists Behind A Landmark Lawsuit Against AI Art Generators

Jessica Fjeld is quoted discussing the viability of lawsuits involving generative AI alleged to infringe upon artists' copyright claims. "It’s a little hard to predict how…

Technologies of Violence at the World's Sharpest Edges

BKC Faculty Associate Petra Molnar writes about new technologies of border management. “But when we really drill down, none of these conversations are just about technology. We…

IU Kelley prof: More TikTok suits likely

BKC Faculty Associate Abbey Stemler was interviewed about TikTok’s legal liability for failing to protect children from inappropriate content.

Abbey Stemler

Why the ‘twitter files’ are falling flat.

Joan Donovan writes about the Twitter Files and Elon Musk’s failing attempts to shape the media’s narrative. “In fact, what the “Twitter Files” reveal is what we already knew…

Joan Donovan

Musk boosts Twitter’s right-wing appeal with moderation changes, ‘Twitter Files’

David Weinberger discusses the shift in Twitter’s appeal to the right following Musk’s takeover. “It’s easy to understand why the right is overall so happy with what Musk has…

David Weinberger

Self-regulating platforms and anti-trust justice.

BKC Affiliate Elettra Bietti explores the distinctions and assumptions around platforms' functioning in markets. 

Elettra Bietti

Twitter is not rocket science—it’s harder.

RSM Assembly Fellow Joe Bak-Coleman writes about the challenges of managing human behavior, especially as applied to Twitter.  “On a social network, interactions between…

Elon Musk Has Inherited Twitter’s India Problem

BKC Faculty Associate Evelyn Douek discusses Twitter's content moderation practices in different areas of the world.  Musk has called himself a “free speech absolutist,”…

Stuck in the Mud: How a Tiny, Beloved Driving Game Sparked a Bizarre, Decade-Long Feud

Micaela Mantegna spoke to IGN about the Spintire controversy. "Given how confounding this entire investigation has been, I spoke with video game lawyer and Berkman Klein Center…

Rights holders got Google to remove 6 billion links from Search over 10 years

Lumen project manager Adam Holland and Rebecca Tushnet spoke about Google’s efforts to take down links considered pirated. “Google's partner in tracking all of its takedown…

Adam Holland

Threats prompt hospitals to strip websites of info on gender-affirming care.

Cyberlaw clinic’s Alejandra Caraballo discusses how children’s hospitals are taking down websites as a result of harassment and threats. Removing too much information comes…

How a Texas law could impact First Amendment rights and content moderation online

BKC Harvard affiliate Julie Owono discusses online content moderation. "Is it okay in a modern democratic society to leave two private companies the decision on what we can say…

Julie Owono

First amendment hurdle looms for california’s social media law.

Rebecca Tushnet discusses the potential challenges to California’s new social media law under the First Amendment.  “Knowing how many reports they got and whether or when…

Why the First Amendment also protects code

“The First Amendment serves as a check on government intervention into our public expression through, for example, spoken or visually signed speech, writing, protesting and coding…

Unfair Artificial Intelligence: How FTC Intervention Can Overcome the Limitations of Discrimination Law

BKC Faculty Associate Solon Barocas writes about the Federal Trade Commission's intent to regulate discriminatory AI products and services. 

Solon Barocas

GOP reacts to Trump search with threats and comparisons to ‘Gestapo’

Susan Benesch, faculty associate at the Berkman Klein Center for Internet & Society at Harvard University, said when it comes to “dangerous speech ... what matters most is how…

Susan Benesch

As interest rates rise, a silent vampire attack on crypto.

BKC affiliate Patrick Murck writes about the “silent vampire attack” crypto is facing as interest rates rise. “In a bull market, it was perhaps easy for crypto firms to…

Patrick Murck

The Netflix v. 'Unofficial Bridgerton Musical' lawsuit, explained

Rebecca Tushnet comments on a lawsuit filed by Netflix against The Unofficial Bridgerton Musical based on the popular Netflix show.

What’s in a name? If the name is Meta, a lawsuit.

Rebecca Tushnet discusses a lawsuit over Facebook’s name change to Meta with a competing company staking out its claim to the same name.

Bomb Body Politics: On the TSA's Algorithmic Policing of Gender

"Long before FAccT or ProPublica’s COMPAS reporting or Andrew Ferguson's book, the Department of Homeland Security was using sexist, racist algorithms to determine who to subject…

4 Ways the New EU Digital Acts Fall Short and How to Remedy It

BKC associates delve into the shortcomings of EU’s legislation addressing digital giants. “The gaps we see in these new regulations are less matters of language than a…

Nick Couldry

Russell Newman

Velislava Hillman

Gregory Narr

Mitzi László

Public Defenders Are About to Be on the Front Lines for Protecting Abortion Rights

Alejandra Caraballo provides an overview on how surveillance technology can impact prosecutions in the Post-Roe era. People are rightly already asking, What would happen to me…

Blockchain-based application at a governmental level: disruption or illusion? The case of Estonia

BKC Faculty Associate Samer Hassan writes about the Estonian government’s applications of blockchain technology.

The Bitcoin Mining Showdown In New York’s Wine Country

Elizabeth Renieris shares about cryptocurrency's climate impact.

Elizabeth Renieris

In the Balance: Q&A with Janis Wong, PhD researcher in computer science, the University of St Andrews

Janis Wong, who recently completed a research sprint hosted by the Berkman Klein Center, speaks with McKinsey’s Stephanie Spangler about data governance “In our work, we refer…

From Harvard to Berkeley, Clinics Train Next-Gen Tech Lawyers

Kendra Albert and Christopher Bavitz share how the Cyberlaw Clinic prepares students to address the biggest issues in cyberspace.

Christopher Bavitz

The lawfare podcast: facebook shuts down research on itself.

evelyn douek talks with Quinta Jurecic and Alex Abdo about the legal fight between researchers and Facebook about collecting data on Facebook ads.  Listen to the…

The Feature is the Bug

Colin Doyle explains how algorithms can expose flaws in criminal laws and the harms that they can produce.

Colin Doyle

How to Read a Docket

Mason Kortz and Kendra Albert explain how to read a court docket in a free guide

Understanding Chilling Effects

Jon Penney outlines a new framework for understanding "chilling effects" on speech.

Activision, an indie developer and the battle over the ‘Warzone’ name

Kendra Albert explains lawsuit over “Warzone” video game trademark

Taking the crypto out of digital currency

A Q&A with Primavera De Filippi

Primavera De Filippi

Ads are impersonating government websites in google results, despite ban.

Rebecca Tushnet discusses advertising law with The Markup

With a Covid-19 vaccine patent waiver likely, time to rethink global intellectual property rules

An op-ed by Ruth Okediji

The software industry dodges an API tax in Oracle decision

Kendra Albert weighs in on Supreme Court's fair-use decision

Jonathan Zittrain on the Great Deplatforming

Jonathan Zittrain joins the Lawfare Podcast

Impeachment Defense, the Constitution, and Bill of Rights

Jonathan Zittrain pens an op-ed about impeachment and the First Amendment.

Trump social media ban will feature in future antitrust hearings

Jasmine McNealy discusses policy issues likely to appear on a Democratic-controlled agenda.

Blocking the president

Harvard Law experts Yochai Benkler and evelyn douek weigh in on the suspension of President Trump’s social media accounts

Yochai Benkler

Movement lawyering for alternative futures.

Five community members speak about their vexed relationships to the law

Roslyn Satchel

Zahra Stardust

SolarWinds as a Constitutive Moment: A New Agenda for the International Law of Intelligence

Asaf Lubin calls the SolarWinds Hack a "constitutive moment" in Just Security

A Duty of Loyalty for Privacy Law

Scholars propose a "no conflict" rule for tech companies as a way to mitigate self-dealing behavior

Woodrow Hartzog

Elettra bietti talks antitrust with galley by cjr.

BKC affiliate joins Mathew Ingram in conversation

Despite Concessions, Experts Warn $2.1B Google-Fitbit Deal Risks Privacy, Competition

Elettra Bietti speaks with Digital Privacy News

Google-Oracle $9 billion feud faces new uncertainty after Ginsburg's death

Barbara Lauriat discusses Google v. Oracle with Yahoo Finance

Barbara Lauriat

Urs Gasser on two new books — and what’s ahead

Urs Gasser discusses his new guide on “connected parenting” and an essay series on the role of law during a pandemic

International Human Rights Law Is Not Enough to Fix Content Moderation’s Legitimacy Crisis

Should tech companies follow human rights law to govern online speech?

Brenda Dvoskin

The law is ‘tested and illuminated during this pandemic’

Martha Minow, Urs Gasser, and Jonathan Zittrain participate in colloquium on governmental powers during a pandemic

Martha Minow

Four Obstacles to Local Surveillance Ordinances

Why local ordinances against police surveillance fail in some cities but not others

Mailyn Fidler

Getting the first amendment wrong.

Woodrow Hartzog and Neil Richards argue that Clearview AI is wrongfully trying to use the First Amendment to ensure a freedom to surveil at will.

UK Court Spurns Police in First Legal Test of Face Recognition

Nani Jansen Reventlow comments on legal challenge to the use of facial recognition

Nani Jansen Reventlow

Hong kong’s mass arrests are giving police crucial intelligence: people’s phones.

Nathan Kaiser on the use of search warrants to search phones

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Law, innovation and technology: fast forward to 2021

• Cite this article
• https://doi.org/10.1080/17579961.2021.1898298

1. Introduction

3. covid-19, the exceptional and the new normal, 4. conclusion, disclosure statement, additional information.

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This article, introducing a new extended form of the journal, offers some reflections on the changing context in which we now research law, innovation, and technology. Three major changes are highlighted: the evolving landscape of Law 3.0, potentially de-centring both rules and humans from the legal enterprise; the new ‘normal’ of life with pandemics, underlining the vulnerability of humans; and, threading through all of this, the Anthropocene, destabilising a host of baseline distinctions, and a constant warning about the fragility of the global commons and the human condition. In this changing context, the question is whether technology can provide the solutions to our global challenges without involving an irreversible erosion of human agency. With this, we open the floor to our contributors.

• the new normal
• the Anthropocene
• technological solutions

In the inaugural issue of Law, Innovation and Technology , we wrote a long editorial article setting out our vision for the journal and its relevance in what we anticipated being a rapidly changing context of technological innovation, legal challenge and legal opportunity. Footnote 1 In that context, we anticipated that things in the LIT field would be moving forward pretty quickly, with new technologies coming on stream, new applications, new challenges for law and governance, new books about law, regulation and technology, new reports, new consultations, a rising curve of submissions to the journal, and so on.

About these things, we were not wrong. In fact, although we did not know it, Bitcoin and blockchain was being announced as we were writing in 2009 Footnote 2 , additive manufacturing technologies were also about to come into the regulatory spotlight Footnote 3 , and of course the developments in AI and machine learning have meant that we all now talk about ‘algorithmic’ law or the possibility of law being ‘computable’. Footnote 4 As for the literature, the submissions, and the interest in our field, they have all simply burgeoned. Law, innovation and technology has come of age. Footnote 5

Nevertheless, we think that in 2021, we are in a really different place and the question is what kind of place might this be? Law, innovation and technology is already a large and varied field of scholarly interest but is there a bigger picture of this field, or going beyond this field, that gives us the context for our research today? With a significant increase in our page allowance for the journal, we hope to be able to publish 8 or 9 articles per issue, and we would welcome submissions that are not afraid to ask questions about the bigger picture or reflecting the direction of travel in the field.

In this editorial, we will speak briefly to three narratives that are indicative of a bigger picture for our reflections in LIT, that signal that the times are changing, and that we are in a different place from the time when the journal was launched. First, we will suggest that the technological disruption of our legal imagination (of what we take to be ‘thinking like a lawyer’) is generating a new conversation about the regulation and governance of, but also crucially by, technologies. This is the conversation of ‘Law 3.0’. In this conversation, we find that both rules and humans are being de-centred; and we can also detect a radical shift in traditional debates about respect for the law. Secondly, there is the ubiquitous question of what we make of Covid-19 and the ‘new normal’. One view is that we are living in exceptional circumstances but, once we have a vaccine, normal service will be resumed. However, a different view is that the pandemic is just one instance of an acute threat to the global commons (the essential infrastructure for human social existence), that we sail too close to this wind, and that our globalised and technology-reliant lifestyles present a chronic threat that urgently needs to be addressed. Thirdly, picking up on the threat to the global commons, the omnipresence and profundity of the human footprint on our planet betrays the collapse of a human/nature dichotomy informing much of our ethics, laws, and institutional governance. ‘The Anthropocene’ has become the household term associated with the technology-driven convergence of human and natural spheres. In the Anthropocene, technologies drive the collapse of not only nature/human, but also local/global and private/public divides. Having exposed law’s most fundamental and trusted anthropocentric conceptual, spatial and temporal presuppositions as false or misguided, technologies therefore also eat away at the justifications for privileging humans over nature, locals over aliens, private rights over public interests, and present over future generations. Footnote 6

Paradoxically in this age of humans, technologies’ combined effect thus has been to undermine the idea of human unicity (premised on the species we are, the jurisdiction we inhabit, the intimacy of private ambitions we entertain, etc.), legally formalised in law 1.0 and law 2.0, as untenable and ultimately self-destructive.

The Anthropocene also marks the end of the stable interglacial epoch that allowed earthly (human) life to flourish in relative peace, and regulators must therefore explore new ways to respond to rapid successions of unpredictable, sudden and destabilising incidents, such as floods, pandemics, forest fires, crop failures and the like. In respect of these incidental regulatory responses, it no longer suffices to insist that, even in times of existential global environmental threats we must ensure that regulatory responses enjoy legitimacy, because the continued pertinence of our holocenic ideas about what amounts to legitimate action is open to discussion.

If technologies are overpowering rule-based normative systems, cancelling out some of the most fundamental building blocks of our normative and empirical worlds, should we turn to technologies in a final attempt to take back control?

The first version of the bigger picture is what we will call ‘Law 3.0’. Footnote 7 By this, we refer to a landscape of law, regulation, governance and technology comprising three overlapping conversations (or mind-sets). These are the conversations of law 1.0, law 2.0, and law 3.0, the three co-existing conversations comprising Law 3.0 (with a capital L). In this Part, we will say a bit more about these conversations and the legal landscape; we will note how an evolving law 3.0 conversation, contemplating governance by machines, de-centres both humans and rules; and we will indicate how the prospect of governance by machines also disrupts traditional thinking about both recognising the authority of law and why law should be respected.

2.1 The legal landscape

Once upon a time, there was just one conversation in law, law 1.0. That conversation was largely about the application of general principles and rules to particular factual situations and disputes. For those who participated in law 1.0, a high priority was to maintain doctrinal coherence. However, as soon as societies entered upon a period of technological development and industrialisation, a new conversation began to form. This new conversation, law 2.0, was focused on creating and applying rules that were fit for the government’s regulatory policies–which, at the time, were concerned with supporting the development of beneficial new technologies while also managing the most serious risks to human health and safety. If the law 1.0 conversation was typically for litigants, their lawyers, and the judges, law 2.0 was a more political conversation, conducted in legislative assemblies and their environs. To these familiar conversations, we now have the signs of a third conversation, law 3.0. Footnote 8

If the seeds of law 2.0 are sown as soon as we start thinking that legal rules and principles might not be ‘fit for (regulatory) purpose’, the seminal, and radical, thought in law 3.0 is that ‘technology might be the solution to our regulatory problems’. Instead of conceiving of Law in Fullerian terms as an enterprise of subjecting human conduct to the governance of rules , Footnote 9 made, administered and enforced by humans , law 3.0 invites us to contemplate an enterprise of subjecting human conduct to the governance of technology Footnote 10 , operationalised to some extent by smart machines . While ‘smart’ regulation in both law 2.0 and law 3.0 is essentially about employing the optimal mix of regulatory instruments Footnote 11 , the range of instruments in law 3.0 is far more extensive.

The regulatory problems to which technology might be seen as a solution can span the entire range of regulatory functions. It might be that the rules simply do not work (non-compliance is the problem), or that non-compliance is under-detected, or that the administration of the rules is inaccurate or inconsistent, and so on. As a response to these problems, the technological solution might be to preclude the practical option of non-compliance (e.g. as where products are designed to preclude infringement of IPRs), to nudge regulatees towards compliance, to re-inforce the signals given by the rules (particularly, e.g. by employing surveillance and identification technologies), and to support and guide human decision-makers in their application of the rules (e.g. as in cricket and soccer where decisions made by umpires and referees are subject to review by off-field humans aided by various technologies).

As will be apparent from the foregoing, in a law 3.0 conversation, the idea of what is a ‘technical’ or ‘technological’ solution is very broad. The solutions might be ‘architectural’ so that buildings and spaces are designed to reduce the opportunities for crime, or accident and injury, or the unnecessary use of energy, and the like; and they might be old-fashioned and visible (like locks on doors and border walls) or high tech and futuristic (like biometric entry systems or smart invisible borders). Technological solutions might be incorporated in the design of products or processes (simply by automating a process, humans might be removed from potentially dangerous situations); and, in principle, the technical measures might be incorporated in wearables or even in humans themselves. Accordingly, in a law 3.0 conversation where the purpose is, let us suppose, to improve the safety of both patients and healthcare workers in hospitals, the questions might include whether the environment would be improved by locking more doors, by introducing surveillance technologies, by replacing humans with robots, or by making more use of AI, and so on. Footnote 12

If we can say that, ideal-typically, it is in the Courts that we have the forum for law 1.0 conversations, and in the Executive branch and the Legislature that we have the forum for law 2.0 conversations, what should we say about the forum for law 3.0 conversations? Arguably, law 3.0 conversations should start in the Executive and the Legislature, where the groundrules for the use of technological solutions would be established, and where particular delegations of responsibility for the development of such solutions could be agreed. Footnote 13 However, the actuality is that, in practice, technological measures are employed for regulatory purposes by both public and private actors (e.g. by the police, the revenue, and financial regulators as much as by BigTech corporations, banks and insurance companies) without there being any prior public authorisation or debate. Footnote 14 In this sense, law 3.0 is a conversation that is everywhere and yet, publicly, transparently, and officially, nowhere.

Such, then, is the state of the legal landscape–three co-existing conversations that engage with technology in very different ways: law 1.0 largely ignoring technology while being disrupted by it; law 2.0 struggling to regulate it; and law 3.0 co-opting it as a regulatory tool. At this stage, the conversation, except in the Courts, will typically conjoin elements of law 2.0 and law 3.0. On the one hand, rules are still seen as a possible solution; but they need to be fit for purpose. On the other hand, if there might be technical or technological solutions, they should also be considered. In due course, the conversation might be dominated by the technical and technological side and the prospect of governance by smart machines will loom large.

2.2 The de-centring of rules and humans

Law 3.0, as we have seen, sets the stage for the potential de-centring of both rules and humans. To be sure, there might still be visible and explicit rules that lay out the terms and conditions for the use of governance by machines, and there might be implicit and less visible rules that guide the operation of the machines. However, humans will find themselves in regulatory environments where they do not directly interact with the rules. The rules are no longer their guides and signposts. The environments are what they are; they allow for certain actions but not others; in these places and spaces, with these products and processes, the red lines are embedded in the technology, in architecture and design. Instead of rules prescribing what ought or ought not to be done, what may or may not be done, the technology manages in a way that effectively only certain things can be done. With rules so de-centred, there is a sea change in the complexion of the regulatory environment, a change that threatens to compromise the context for both individual autonomy and human dignity. Footnote 15

The de-centring of rules is not the end of it. Governance by technology also threatens to de-centre humans. Quite simply, the automation of regulatory functions also reduces human involvement. Humans might continue to set the policies, or at the very least should remain at the centre of those policies, but the implementation is translated into schemes of technological management which are designed to run themselves.

As is well-known, the EU independent high-level expert group on artificial intelligence has highlighted the importance of AI being ‘trustworthy’ and, crucially, that the development and use of AI should be ‘human-centric’. Footnote 16 However, to the extent that trustworthiness signifies only that the AI will be compatible with European values and compliant with whatever regulatory (and certification) requirements are put in place, and to the extent that human-centricity signifies only that AI should be applied in the service of humanity or that the human rights that are recognised in Europe will be applicable, all the hard work remains to be done. Key regulatory provisions (such as the much-debated Article 22 of the GDPR, protecting data subjects against solely automated decisions where those decisions have legal or similarly significant effects) pose more questions than they answer Footnote 17 ; the principles that the expert group identifies as key to the governance of AI–namely, respect for human autonomy, prevention of harm, fairness, and explicability–are open to interpretation; and, any tensions between the principles will need to be resolved (as the expert group proposes by ‘methods of accountable deliberation’ involving ‘reasoned, evidence-based reflection rather than intuition or random discretion’ Footnote 18 ).

Building on the expert group’s report, the Commission has proposed a risk-based approach such that ‘the new regulatory framework for AI should be effective to achieve its objectives while not being excessively prescriptive [and disproportionately burdensome].’ Footnote 19 It follows that regulators should focus on high-risk uses of AI. Paradigmatically, such uses will involve some high-risk activity in a high-risk sector. Thus, for example, while health care is a high-risk sector, some uses of AI are less risky than others. As the Commission notes, ‘a flaw in the appointment scheduling system in a hospital will not normally pose risks of such significance as to justify legislative intervention.’ Footnote 20 Presumably, this would contrast with, say, the use of AI in surgical procedures where a patient’s life might be at stake if ‘something goes wrong’. In these paradigmatically high-risk cases, human oversight is required. In the Commission’s own words, ‘The objective of trustworthy, ethical and human-centric AI can only be achieved by ensuring an appropriate involvement by human beings in relation to high-risk applications.’ Footnote 21 But, again, we do not know what this means until we have a jurisprudence that specifies precisely what level and kind of involvement by humans is ‘appropriate’.

So long as the humans are having a conversation about the groundrules for AI applications that is one thing; humans might well have different views about the appropriateness of such applications; but at least humans are still central. It might still be one thing where those applications are about AI taking on the functions of regulation and governance; again there might be different views and some might be troubled by the reversal of roles, with technologies now treating their human regulatees as ‘objects’; but, arguably, humans are still in control. However, if regulatory conversations become conversations between smart machines, humans are no longer central and nor in control. At each stage beyond law 3.0, the framing and understanding of appropriateness changes.

Whereas from a human rights perspective the prospect of a technology-induced process of de-centring of humans undoubtedly is daunting, the Anthropocene in effect is an acknowledgement that the process of de-centring nature is complete, irreversible, and catastrophic for human life on the planet.

For environmentalists, who for decades have fruitlessly decried law’s blind anthropocentrism, the promise of recalibration that law 3.0 brings therefore may have its attractions. For them, the appeal of law 3.0 resides in its potential to give voice to legally excluded or marginalised non-humans. Technologies, including AI, undeniably harbour that largely unexplored potential, for example by representing nature in legal proceedings at which ‘rights of nature’ that are rapidly emerging across the globe are at stake, or by enforcing such rights as a matter of inevitable technological course. Footnote 22

Policies aimed at policing ‘planetary boundaries’ illustrate that even a regulatory policy that is human-centred in extremis may encounter near universal resistance. The planetary boundary hypothesis, which enjoys wide scientific and political support, posits that (a) there are nine critical global biophysical thresholds for human development, (b) humankind is crossing these boundaries, and (c) that the ensuing unpredictable patterns of change are incompatible with human welfare and life on the planet. As long ago as 2009, when the theory was first articulated, the authors warned that transgressions of these boundaries mean that ‘humanity has already entered deep into a danger zone.’ Footnote 23 At present, two out of nine thresholds have been exceeded, and others are about to tip over, fuelling concerns of catastrophic domino effects.

Planetary boundaries articulate the ‘safe operating space for humankind’, and one would therefore be hard-pressed to find any policy with stronger anthropocentric credentials. Footnote 24 These thresholds are expressed numerically, and in addition to the complex interactions between each of the planetary boundaries making them impossible targets for conventional 2.0 regulators, this marks a regulatory policy to respect planetary boundaries as a priority candidate for a law 3.0 approach, involving AI for standard-setting and other technologies for enforcing those standards.

Opponents of such a future will obviously emphasize the profound incursions into human autonomy, which indeed appear inevitable. However, few would go so far as to argue that human autonomy implies a right to engage in sui-genocide by a thousand cuts, not even if that ultimate price is paid by a future generation. For similar reasons, objections against a law 3.0 approach to securing respect for planetary boundaries based on ‘fairness’ lose much of their persuasive power. Footnote 25

In the vocabulary of rights, much of the resistance to the technologically facilitated inclusion of nature and future generations in ‘our’ community of rights-holders obviously reflects the fact that the award of such (law 3.0) rights is a zero sum game. If, for example, in an effort to respect the planetary boundary for biosphere integrity nature acquires legal personhood, technologically assisted articulation and enforcement of nature rights inevitably will push back against the human right to property. Environmentalists may argue that, in the Anthropocene, this is precisely what the world needs

In short, the core of what we associate with Anthropocene discourse prima facie aligns with law 3.0, especially if this regulatory modality is conceived, admittedly counter-intuitively, as the ‘Law of Inclusion’.

With the progressive de-centring of humans and rules, with governance by rules giving way to governance by machines, a number of old questions–questions about the authority of law and about the demand that we should respect the law–are disrupted and invite radical reconsideration.

2.3 Respect for the law

There are age-old jurisprudential questions about why humans should defer to the judgments, decisions and decrees of other humans simply because they come with the imprimatur of ‘the Law’. What is so special about the Law? We can approach this question by starting with the authority of law; Footnote 26 or, we can approach it by starting with respect for the law. Either way, though, it is essentially the same question. With law 3.0 in prospect, we need to reconsider our attitude towards the law. If we can use technology to ‘do governance’ better, why should we defer to humans and their rules?

In this section, we will outline the traditional debate, take stock of the disruption of that debate, and then present some short reflections on how this relates to the Anthropocene’s destabilising impact on traditional distinctions from which we take our bearings.

2.3.1. The traditional debate

In traditional jurisprudential debates, legal positivist conceptions of law are opposed by legal idealist conceptions. Where mainstream positivist conceptions are assumed, the reasons for respecting the Law will be largely prudential (Law being favourably compared with some ‘lawless’ alternative). By contrast, where legal idealist conceptions are assumed, the reasons for respecting the Law will be moral (Law being viewed as an essentially moral enterprise). This yields two competing pictures of Law and respect; and, concomitantly, it yields two different conversations, one based on moral and the other on prudential considerations.

2.3.1.1. The legal idealist/moralists’ picture

The context for our first picture is an aspirant moral community, its members committed both collectively and individually to doing the right thing, and with a shared view as to the guiding principles for the community. Such principles might be founded on a religious code or credo, as in the Thomist tradition. Footnote 27 Equally, though, the picture might be entirely secular. Footnote 28 In such a context, the Law, as a direct translation of the Moral Law, would necessarily command respect.

Where the life and times of a community are fairly static, where little changes from one generation to the next, where there is little communication or interaction with other communities, the moralists’ picture might be sustainable. However, in the world as we know it in the present century, one of the many disruptive effects of emerging technologies is to the conditions that sustain the moralists’ picture. When the context for community life changes rapidly, when the application of the guiding principles is moot, it is the task of the Law to take a position, a position with which some members might (as the community would see it) reasonably disagree. For example, developments in modern biotechnology have provoked huge challenges for the Law–not least in provoking new debates about the interpretation of human dignity Footnote 29 –as it is compelled to arbitrate between religious and secular views and between the ethics of prohibition and the ethics of permission. Footnote 30 Nevertheless, in this context, respect for the Law signifies that, such disagreement notwithstanding, a positive attitude towards the Law and its prescriptions should be maintained.

Moreover, modern moral communities might be even more pluralistic than this. There might be disagreement not only about the application of guiding principles to particular hard cases but also about which principles should be treated as guiding. Where the reference standards or values for doing the right thing are themselves contested, the Law faces a greater challenge because the best attempt at accommodating moral disagreement might mean that very few or even no-one in the community actually supports the (compromise) position that is adopted. Once again, though, to demand respect for the Law is to demand that all members of the community continue to view the Law and its prescriptions in a positive light.

Crucially, in this picture, the members of a moral community respect the Law not only when, by their lights, the Law’s prescriptions guide correctly towards doing the right thing but even when it is either unclear or controversial whether they are guiding in the right direction. Looking back, the fact that those who are responsible for making the Law are attempting in good faith to maintain the community’s moral commitments is sufficient reason to treat the mere fact that this is the Law as a good reason for respecting the institution, respecting its officials, and respecting its prescriptions; and, looking forward, members will be mindful that the consequences of not respecting the Law might be to undermine the moral aspiration of the community. For the legal enterprise to command our respect, to appreciate why Law really matters, it must be conceived of as an integral part of the practice of an aspirant moral community. Footnote 31 So viewed, the legal enterprise does not need to align perfectly with the Moral Law, but it must represent a good faith and serious attempt to do the right thing. Footnote 32 The reason why Law should be respected is not because it is the perfect articulation of the Moral Law but because it is a very human enterprise guided by moral aspirations. Communities that fully commit to Law are making a moral, not a prudential, declaration.

Accordingly, as this sketch would have it, respect for the Law is largely a matter of respect for moral aspiration and integrity. Respect for the authority of legal officials is respect for persons who are trying to do the right thing, and respect for their rules and decisions is respect for an enterprise that is predicated on translating moral pluralism into provisional regulatory positions and determinations.

2.3.1.2. The legal positivist/prudentialists’ picture

The setting for our second picture is that of a community that views Law and Morals as independent spheres. Like planets that occupy the same Universe but orbit independently of one another, Law and Morals are always separate and distinct although there will be cases where they come quite close to one another. If Law is to be respected in such a community, this is not to be understood to be an appeal to good morals (although, no doubt, the moral high ground will be taken by those who demand respect if the opportunity presents itself).

This is not to say that Law is not valued in this community of legal positivist prudentialists; and, indeed, by and large, they might happily comply with legal rules. Nevertheless, to use HLA Hart’s terminology Footnote 33 , the internal aspect of those who comply for prudential reasons is not the same as the internal aspect of those who comply for moral reasons. The question is: what is it about Law so conceived, the positive requirements of which will quite possibly conflict with an individual’s sense of their (at any rate, short-term) self-interest, that reasonably commands a degree of respect (or, in stronger versions, unquestioning deference)? Footnote 34

In the 1970s, E.P. Thompson shocked some fellow left-leaning readers when he declared that the Rule of Law, the rule of rules, was an unqualified good. Footnote 35 What Thompson meant was that the rule of rules was a better option than the alternative, where that alternative was the arbitrary rule of the powerful. At least, with the rule of rules, the powerful would be constrained by their own rules; and, given a reasonable warning of what the sanctions would be for breach of the rules, the less powerful would have a chance of avoiding unanticipated penalties and punishments. In this way, Thompson echoed not only Lon Fuller–who argued that the procedural constraints of his idea of legality would tend to discourage the exercise of arbitrary power Footnote 36 –but also Judith Shklar who had already highlighted the virtues of legalism in preference to the lawlessness of both fascist and Stalinist regimes. Footnote 37

Similarly, we might hear echoes of this line of thinking in Alain Supiot’s commentary on the replacement of law with governance, the flattening of relevant considerations for governance, and the decline of respect for Law. Footnote 38 Once the ‘law’ ceases to offer any resistance and is used merely as a tool, those who are subjected to its instrumentalism no longer have any reason to pledge their allegiance to it.

While a persuasive case for preferring the rule of rules to the arbitrary rule of the powerful can be made, the reasons for taking a favourable view of Law are essentially prudential (appealing to the self-interest of those who would otherwise be subjected to the arbitrary governance of the powerful). Contingently, in particular contexts or particular circumstances, Law might have some appeal to those who are disposed to look for moral reasons to respect the Law. Nevertheless, this is all somewhat different to valuing the Law intrinsically as is the case in our first picture. In our second picture, insofar as we have a reason to respect the Law, it is because the alternative (a kind of rule-less Wild West) is judged to be less attractive relative to both our individual and collective self-interest.

2.3.2. The traditional debate disrupted

In a world of rapid technological development and increasing automation, we find another picture forming, one that seeks to preserve the human dimension of law. Relative to Lon Fuller’s idea of the legal enterprise as that of subjecting human conduct to the governance of rules, Footnote 39 the emphasis in this picture is not so much on rules as on humans ; and the reasons for respecting law all relate to the virtues of governance by humans rather than governance by machines. Footnote 40

This human-centric picture is one of a community that now not only has at its disposal a range of technologies that can be deployed for regulatory purposes but also an appreciation that such tools might be more effective than rules. This is a community that has come to realise that, far from being a regulatory challenge, technologies can be a regulatory opportunity. In other words, this is a community in which law 3.0 is already part of the conversation. However, where the functions of law are automated, we are being asked to respect an enterprise that takes humans out of the loop.

From a prudential perspective, the automation of legal functions, the replacement of human officials with machines, might seem risky relative to one’s interests. Teething problems are to be expected and over-reliance on the technology might leave both individuals and communities ill-prepared for situations in which there are technological malfunctions or breakdowns. Without reassurance about the reliability and resilience of the technology, it is unclear whether one should prefer, so to speak, a West coast regulatory approach with its aspiration of total technological management that will guarantee perfect control and compliance or the traditional East coast approach where compliance is far from perfect, and where detection and enforcement is also far from perfect. Footnote 41 In this light, we might recall Samuel Butler’s Erewhon Footnote 42 where the Erewhonians – concerned that their machines might develop some kind of ‘consciousness’, or capacity to reproduce, or agency, and fearful that machines might one day enslave humans – decided that the machines must be destroyed.

Similarly, from a moral perspective, it is unclear whether submitting to governance by smart machines is doing the right thing. If we value human discretion in the application of rules, we might worry that, with automation, this is a flexibility that we will lose. Footnote 43 Moreover, to the extent that the morality inscribed in machines tends to be utilitarian, this will be unattractive to those moral constituencies that oppose such reasoning. Footnote 44 As with the prudential rejection of governance by machines, conserving governance by rules, made by humans and administered by humans, might seem to be the morally indicated option.

In the influential writing of Mireille Hildebrandt, we find this kind of picture of law, with on the one side ‘legality’ (due process and justice) being valued against mere ‘legalism (mechanical application of the rules) and, on the other, governance by rules being valued against rule by technologies. Accordingly, although Hildebrandt shares the common convention that, when we speak about the law, we refer to ‘an institutional normative order’, Footnote 45 in her distinctive conception of law we find: that legal standards are co-produced (reflecting a commitment to participatory and inclusive democratic practices); that the ‘mode of existence’ of modern law, with printing technology providing its infrastructure, is in the form of texts (statutes, codes, precedents, and so on); that legal texts are open to interpretation and contestation (in courts) before their application in individual cases; and that these features, in combination, enable law to serve more than the demand for certainty by responding to the demand for individual justice and for legitimate purposes. Footnote 46 By contrast, where order is controlled by technological regulation, we find a very different story. First, technological regulation is not ‘controlled by the democratic legislator and there is no legal “enactment”’; secondly, the design of technological devices might be such as to ‘rule out violating the rule they embody, even if this embodiment is a side-effect not deliberately inscribed’; and, thirdly, ‘contestation of the technological defaults that regulate our lives may be impossible because they are often invisible and because most of the time there is no jurisdiction and no court’. Footnote 47 Stated shortly, Hildebrandt’s concern is that smart machines will enhance the power of, and expand the possibilities for, technological regulation in a way that crowds out the features that we value in law. To which we might add that, once we lose what we value in this picture of law, we lose the basis for our respect.

Taking stock, we can see that the disruption brought about by governance by technology impacts on both sides of the traditional debate. On the one side, the prudential case for Law is challenged by technologies that promise to outperform humans and rules in achieving order. It is no longer enough to argue that Law, albeit less than perfect, is preferable to a lawless and disordered Wild West. Governance by technology claims that it can put in place a near perfect form of order. On the other side of the traditional debate, governance by technology also promises to outperform the aspirant moral order of Law. Whether we are thinking just about order, or about just order, the argument for the machines is that they can outperform the human enterprise of Law; what we should be deferring to is the judgment of the machines.

To be sure, there will be a debate about whether governance by technology can live up to its promise. Footnote 48 If we assume that it can, then the traditional debate–which sets one version of human governance against another–is displaced by a quite new debate about authority and respect where the choice is between either governance by humans and rules or governance by technologies.

If the choice is to be made on prudential grounds, then it seems to be between imperfect order and perfect (or near perfect) order; and, if we are to push back against the latter it has to be on the apparently unpromising basis that we believe our self-interest (whether as an individual or as a member of the collective) is better served by imperfect order. If the choice is to be made on moral grounds, and if we are to push back against governance by technology it seems to be on the unpromising basis that we think that we do the right thing by backing our own moral judgments against the more perfectly realised moral order of the machines.

That said, in both cases, and particularly the moral case, we might protest that the technological performance simply cannot be compared with the human performance. There might be some functional similarities but the performances are fundamentally different. Footnote 49 In that light, we come to see that a key feature of the traditional debate about the authority of, and respect for, the Law is that it is predicated on a context in which the enterprise of subjecting human conduct to the governance of rules is an essentially human enterprise that uses rules as its regulatory tools. Once we take humans and rules out of the picture, this is a very different context and, concomitantly, a very different debate. In this context, while we can still ask whether we should defer to the machines, arguably, it no longer makes sense to conceive of Law in terms of authority (this being characteristic of human relations) and respect (this being characteristic of situations in which the option of non-compliance is available).

2.3.3. The Anthropocene again

Playing Devil’s Advocate, suppose that we radically revise our conceptual thinking so that we come to view law as an expert system, not so much an assembly of philosopher kings as an assemblage of smart machines that can out-calculate, out-compute, and out-perform even the most intelligent and wisest of humans. If this is the relevant picture of governance, then would it not be crazy for humans to back their own judgments, both prudential (for order) and moral (for just order), against the machines? Yet, this is exactly what is proposed by the picture of law seemingly being celebrated as an expression of (probably) inferior human judgment; and, of course, this is precisely the source of the discontent that is immanent in that picture. Like a see-saw, the dialectic between those who argue for respect for the law and those who are discontent will move up and down but, as the weight of discontent increases, we might think that the human-centric picture needs to be turned on its head: the law to be respected by humans is after all the law of the machines; even humans will come to realise that, relative to governance by humans, it is governance by machines that is better than the alternative.

As technologies force us to reconsider our place in the universe, much in the same way as Galileo’s telescope challenged the earth-centred philosophy of his time, they also challenge the sense and authority of the most fundamental presuppositions that lie at the heart of law 1.0 and 2.0. In the Anthropocene, hard legal divides between human and nature, between the global and territorially sovereign or privately empowered local, and between the present and the future have been unmasked as spurious. Continued reliance on them to justify the primacy of humans over nature, of tribal sovereignty and private privilege over global community, and of present exercises of individual human autonomy over future collective and individual needs thwarts our collective future, and increasingly the grave injustices it causes are exposed for all to see. Clearly, as a corollary the authority of and respect for such laws also suffer.

Whereas law 1.0 and 2.0 conceptually exclude (non-humans, aliens, future generations), the operating system of Law 3.0 is technological rather than conceptual, and its extra-territorial application is the rule rather than the exception, From that perspective, the appeal of Law 3.0 is obvious; and humans, above all humans, surely must recognise this.

In times, both ordinary and extraordinary, law 3.0 is the emerging conversation. We continue to rely on rules but we also consider in a much more sustained way the possibility of technological solutions to our regulatory problems. In the case of Covid-19, for example, we look to apps that can aid the enforcement of restrictions and test and tracing strategies. By contrast, there are some respects in which, in extraordinary times, we find a very different conversation, one that might employ familiar ideas but that now appeals to justifications that are far from ordinary. Footnote 50

If recent experience with Covid-19 is representative of the way in which communities (local, regional, and international) reason during the time of a pandemic, then it is pretty clear that the case for public health measures does not rest on the consent of individuals. It is pretty clear, in other words, that if parents were to try to stand on their rights and resist, say, the vaccination of their children or some other harm-reducing measure advised by public health professionals, there would be a major push-back. Footnote 51 Similarly, we would expect there to be a push-back if parents were to resist or refuse to consent to the participation of their babies or children in non-invasive studies that epidemiologists believe would illuminate our understanding of the nature of the pandemic-causing virus. In this part of the article we sketch the changing rhetoric; we relate this to two possible narratives that speak to the nature of the extraordinary; we suggest that one of these accounts, engaging the idea of a stewardship responsibility for the global commons, Footnote 52 offers the best account of what makes any particular time or issue ‘extraordinary’ and, with that, offers the best understanding of the extent to which rights and consent are justifiably displaced; and, finally, we indicate some questions for further consideration.

3.1 Rights and consent superseded

In extraordinary times, even in a community of rights–the natural ethical home for consent Footnote 53 – consent is not everything. Alongside ordinary times conversations and contestation, there are new priorities and a sense that we are now operating beyond both biolaw and bioethics as we ordinarily know them.

We must live through this pandemic, and after it. We must face this situation with strength, care and solidarity–a social vaccine that accompanies our search for a COVID-19 vaccine, which has an enduring character. One that provides resilience, lasting social and economic solidarity and lasting immunity against indifference . Footnote 54

governments to ensure public safety and protect health, and raise awareness of the public and other actors on the methods required for this purpose; responsibilities of the public to abide by the rules that protect everyone not only as individuals but also, and above all, as a community; [and] responsibilities of healthcare workers to treat and care for patients. Footnote 57

3.2 Extraordinary times: two accounts

There is more than one way of characterising the ‘extraordinary’. Here we can outline two candidate accounts. Both accounts would reject any suggestion that pandemics give governments a licence to do whatever it takes. However, while the first account is, so to speak, from within bioethics (and biolaw), the second is a view from outside bioethics (and biolaw).

The first account treats a pandemic as a radical change to the context in which bioethics is ordinarily conducted but it resists the idea that bioethics is now suspended and superseded by a state of exception. To the contrary, bioethics as practised in ordinary times now extends into extraordinary times, but the pattern of advantage and disadvantage alters because of the radical change in context. Footnote 58 Whereas, in ordinary times and ordinary contexts, the ethic of rights and consent is an important voice in bioethical debate, in extraordinary times and extraordinary contexts, this voice loses its power and influence. In other words, our attraction and commitment to an ethic of rights and consent is context-dependent; and, in some exceptional circumstances, that attraction and commitment weakens.

The second account steps beyond bioethics, even bioethics in exceptional circumstances. Footnote 59 Resisting the idea that the pandemic simply changes the context in which ordinary times bioethical contestation takes place, this second account identifies the pandemic as a particular threat to the conditions which make it possible to adopt bioethical positions and to engage in bioethical arguments in the first place. In this account, we are reminded not only of the vulnerability of humans and the fragility of the global commons on which all forms of human social existence depend, but also that, while some threats to the commons are acute (as is the case with a pandemic), others are chronic and incremental (as is the case, for example, with climate change and with big data and surveillance). By contrast with the first account, in which there is a period of ordinary times, then a period of extraordinary times before a return to ordinary times, the second account holds that, even in what are ostensibly ordinary times with their standard debates, there needs to be the kind of monitoring, vigilance, and precautionary preparedness that is appropriate in extraordinary times.

Following this second account, ordinary time conversations and ordinary case justifications co-exist with what we are calling extraordinary time conversations and stewardship justifications. In this bigger picture, where stewardship justifications are brought into play (whether by acute or by chronic threats) it is not a case of the triumph of one kind of ordinary case justification, it is not the values of one community (where neither rights nor consent are taken seriously) displacing the values of another community (where rights and consent are taken seriously), but a case of stewardship responsibilities for the global commons supervening on the values of all communities.

3.3 Stewardship and the global commons

Elaborating on the second narrative, the global commons should be viewed as having two dimensions: one relates to human existence; and the other relates to the human capacity for agency. In the case of a pandemic such as Covid-19, there is an urgent need not only protect the conditions for human life but also to minimise the compromising of the context for agency.

First, the human species is defined by its biology; and the prospects for human life depend on whether the conditions are compatible with the biological characteristics and needs of the human species. Most planets will not support human life. The conditions on planet Earth, neither too hot nor too cold, are special for humans . However, the conditions are not specially tailored to the needs of any particular human; these are the generic conditions for the existence of any member of the human species.

Secondly, it is characteristic of humans that they see themselves as ‘agents’, as beings having the capacity to choose and to pursue various projects and plans whether as individuals, in partnerships, in groups, or in whole communities. Sometimes, the various projects and plans that they pursue will be harmonious; but, often, human agents will find themselves in conflict or competition with one another. However, before we get to conflict or competition, there needs to be a context in which the exercise of agency is possible. This context is not one that privileges a particular articulation of agency; it is prior to, and entirely neutral between, the particular plans and projects that agents individually favour; the conditions that make up this context are generic to agency itself.

Any human agent, reflecting on the antecedent and essential nature of the commons must regard the critical infrastructural conditions as special. From any practical viewpoint, prudential or moral, that of regulator or regulatee, the protection of the commons must be the highest priority. Footnote 60 If the conditions for humanity are to be fit for purpose–fit for human existence and fit for human purposivity–regulatory stewardship will be guided by three imperatives.

In the first instance, it is imperative that steps are taken to protect, preserve and promote the ecosystem for human life. Footnote 61 At minimum, this entails that the physical well-being of humans must be secured; humans need oxygen, they need food and water, they need shelter, they need protection against contagious diseases, if they are sick they need whatever medical treatment is available, and they need to be protected against assaults by other humans or non-human beings.

The second imperative is to construct and maintain the conditions for meaningful self-development and agency, or the ‘conditions of personal self-determination’ as Massimo Renzo Footnote 62 terms them. There needs to be a sufficient sense of self and of self-esteem, as well as sufficient trust and confidence in one’s fellow agents, together with sufficient predictability to plan, so as to operate in a way that is interactive and purposeful rather than merely defensive. The context should support agents in being able to freely choose their own ends, goals, purposes and so on (‘to do their own thing’) as well as to form a sense of their own interests and identity (‘being their own person’). Footnote 63 With existence secured, and under the right conditions, human life becomes an opportunity for agents to be who they want to be, to have the projects that they want to have, to form the relationships that they want, to pursue the interests that they choose to have and so on.

Thirdly, the commons must secure the conditions for an aspirant moral community, whether the particular community is guided by teleological or deontological standards, by rights or by duties, by communitarian or liberal or libertarian values, by virtue ethics, and so on. The generic context for moral community is impartial between competing moral visions, values, and ideals; but it must be conducive to ‘moral’ development and ‘moral’ agency in a formal sense. In particular, moral community of any kind presupposes a context in which agents are free to form and then to act on their own judgments of what it is to do the right thing. Footnote 64

While respect for the commons’ conditions is binding on all human agents, it should be emphasised that this does not rule out the possibility of prudential or moral pluralism. Rather, the commons represents the pre-conditions for both individual self-development and community debate, giving agents and communities the opportunity to develop their own view of what is prudent as well as what should be morally prohibited, permitted, or required. Whatever the issue, it is the commons that provides the platform for individual and community reflection, development, and debate.

3.4 Agenda for further discussion

The juxtaposition of ordinary time justifications with extraordinary time justifications opens an agenda for further inquiry. In particular, further reflection is invited on when the extraordinary is engaged and when it is not; on the character of extraordinary time reason, and any ‘reach-through’ from one class of justifications to the other; and, on how to operationalise stewardship in extraordinary times.

With regard to the first question, we want to have the right justificatory conversation at the right time. To do this, we need to be clear about whether a particular question is appropriately treated as an ordinary times matter or whether it engages extraordinary considerations. Without such clarity, we might continue to rely on ordinary time justifications when the commons is already being compromised (as, for example, many will argue is the case with climate change); and, conversely, we might continue to rely on extraordinary time justifications when ordinary time considerations should be applied (as is the fear of civil libertarians about the persistence of restrictions imposed at the height of, and in the wake of, Covid-19). In this light, we should be careful with narratives that imply that we live through a linear sequence of periods (ordinary, then extraordinary, then back to ordinary); rather, as the second narrative implies, we now live through a period in which the questions that we debate and the challenges that we face sometimes engage, as it were, ordinary time considerations but sometimes (as with climate change and pandemics) extraordinary time considerations. Quite literally, in Australia and California, we are engaged in fire-fighting, and it is the commons that is on fire.

Secondly, there are questions about the character of supervening reason and whether there is any reach-through of ordinary time values and justifications to extraordinary times. In ordinary times, we differentiate between prudential reason and moral reason. However, commons’ protecting reason seems to be both prudential and moral; it is in the interest of everyone and it is categorical, exclusionary, and overriding. Beyond this particular question of character, as we have said, even in extraordinary times, some familiar ordinary times values will resurface in some debates (debates that actually belong to ordinary times). However, the question is whether values of this kind reach through to the stewardship of the commons. For example, some might argue that values such as autonomy, privacy, and human dignity are fundamental not only to the constitution of a community of rights but also to the context for agency that is one of the dimensions of the commons’ conditions.

A third question, vividly highlighted by the recent experience with Covid-19, is about the coordination of our stewardship responsibilities. In principle, we are all stewards for the global commons and, as such, we can ‘do our bit’–for example, we can comply with the necessary restrictions on our movement or association that are put in place to prevent the spread of the virus. However, in practice, the restoration and maintenance of the global commons needs international leadership. Footnote 65 In the case of a pandemic, it is the WHO that is the obvious candidate. However, if the WHO is to be hobbled and undermined by great powers that conduct international relations in an entirely self-serving nationalistic way, there has to be some other approach. Footnote 66

Finally, we might also reflect on the more general jurisprudential implications of the co-existence of ordinary time and extraordinary time justifications. While we might be more familiar with the former, it is in the latter that we have real terra firma for our justificatory arguments in biolaw and bioethics. If, as Sarah Franklin has argued, biolaw and bioethics have lost their bearings, then it is with our responsibilities in relation to the global commons that we should begin the work of restoration. Footnote 67 After all, unlike ordinary time debates where people find it hard to agree, no one should find it hard to agree that we should take special care of conditions that are neutral between humans, neutral between articulations of self-interest, and neutral between articulations of a moral viewpoint but without which humans cannot exist, cannot form a sense of their self-interest, and cannot exercise moral agency.

3.5 Extraordinary times: the new ordinary?

The start of the Anthropocene marks the end of the Holocene. In the particular context of this part of our discussion, above all, this means that we have left the inter-glacial period marked by 10,000 years of Earth system stability, allowing humans to prosper and biodiversity to flourish. The natural upheavals experienced recently, spilling over in economic and social hardship, are entirely consistent with the long period of unsettling change the Anthropocene represents. Once a single planetary boundary has been overstepped, for instance CO 2, a cascading effect takes hold of Earth systems, and one disaster seamlessly transforms into a next. For example, (human induced) runaway climate change is causing massive changes in the hydrological cycle, flooding, droughts, mass extinction of species, forest fires, pandemics, water shortages, starvation, civil strife, etc. Footnote 68

Many scientists therefore believe there is compelling evidence that humans are pushing or, worse, have pushed Earth systems out of their stable envelope, and that therefore the past no longer offers guidance in predicting the future. The only thing we can say for sure is that the new normal is one of unpredictable change, and that a host of extraordinary events will occur with frightening speed and frequency, especially if appreciated in a proper context of geological time. Footnote 69

If the extraordinary has become the new normal, what future is there for legal baselines, enshrined in rights and consent requirements? The extreme positions, i.e. that rights and consent are no longer of any value or, conversely, continue to have the same importance are clearly untenable. However, the certainty that crises in the Anthropocene are a permanent and dominant part of human existence, much like war was a permanent state occasionally interrupted by brief periods of peace until less than a century ago, means that regulators can be held to account for their preparedness to deal with the unexpected. ‘Peace’, for warring nations and continents, is not a time just to rebuild lives and shattered societies, but also a crucial window allowing engagement with citizens, obtaining their consent, through conventional deliberative means, for budgets for the military, civil defence infrastructures, conscription schemes, etc.

We should likewise expect our regulators in advance to carve out situations when rights are to be suspended or compromised, the extent to which this is the case, procedural guarantees, judicial review, and the like. Some constitutions, including Germany’s Basic Law, indeed contain such specific provisions for various types of crises. The 1968 amendment of the Basic Law to that end stirred intense controversy for two decades, with the writer Heinrich Böll warning that the amendments paved the way for virtually unfettered mobilisation of state powers in times of crises. Footnote 70 Despite these warnings from one of Germany’s most important writers who had lived through two devastating wars, the German electorate had its say, and a two third parliamentary majority passed the amendments.

Technology driven regulation (‘Law 3.0’) is here to stay, and its significance and prevalence set to increase. That prediction we base on the growing breadth and sophistication of the technological toolbox regulators can rely on, and a survivalist agenda in which regulatory effectiveness comes at a premium. The associated escalation in levels of regulatory invasiveness is cause for serious concern, at two levels.

First, we should guard against irreversible erosions of human autonomy and agency, and unwarranted or disproportionate encroachments on rights and liberties. Yet, living in unprecedented times of continuous all-encompassing change, we can no longer take for granted the authority of legal baselines derived from a stable past. Blind continued reliance on them therefore may be neither viable nor desirable, and the academic community must play its role in a critical (re)evaluation. To be sure, what courts deem ‘necessary’ or ‘proportional’ ultimately hinges on the relative weight law assigns to the facts and interests at stake. One of the deeper implications of the Anthropocene is that technologies have changed the weight distribution, between the interests of humans and nature first and foremost, but also between public and private, local and global, and present and future interests.

Second and more reflexively, we should be concerned about what the rise of Law 3.0 tells us about the state of the world we live in. The trilogy around which we have structured this editorial is law 1.0 (court driven litigation), law 2.0 (policy driven regulation), and law 3.0 (technology driven dictates). That trilogy quite naturally superimposes on another trilogy, familiar to environmental scholars; (1.0) laws couched in the form of self-executing prohibitions, designed to preserve environments, (2.0) laws containing regulatory instructions proactively to protect environments, and (3.0) laws mandating authorities to use best available technologies to restore environments. Footnote 71 Yet another trilogy consists of the UN’s conceptual ‘respect, protect, fulfil’ framework, which reflects a similar gradual escalation of invasive public action to secure compliance with human rights. The third leg of each of these trilogies invariably involves the deployment of a host of technologies.

Our general point is that each escalation signifies past regulatory failure and, more importantly of course, failure to prevent (irreversible) harm to humans or their environment. Environmental policy has failed to prevent, failed to protect, failed to restore, and is now coming to terms with the reality that its final trump card is technological, and consists of re-engineering (life, the atmosphere, etc.). In that sense, the rise of law 3.0 is the canary in the coalmine.

At the same time, it would be entirely wrong to equate technologies with the demise of law 1.0 and 2.0. Courts and litigants are emboldened by easy access to scientific data, including those generated by cheap technologies that allow citizens to generate data themselves (‘citizens science’). Such technologies have reinvigorated public interest litigation in courts across the globe. In the past year alone, constitutional and international courts increasingly frequently have done the unthinkable. Courts have afforded legal personality to nature, granted injunctions against states exercising ‘sovereignty over natural resources’, and imposed obligations on such sovereign nations to take a bigger share of their responsibility to protect the global commons. It is in fact safe (albeit somewhat surprising) to say that the kind of constructive and structural change that the world needs has been coming from courts, more than from regulators, and that technologies have been a key factor in that success.

There is every reason to believe that technologies can similarly revitalise law 2.0. They help citizens contribute to the scientific base of regulations, and allow regulators to deal with systemic complexities, monitor performance, and improve compliance rates.

In conclusion, whatever future vision we hold, the study and practice of law can no longer be divorced from technologies–and, here, we might recall the final question that we suggested in our indicative research agenda back in 2009. That agenda item asked ‘In relation to the major global challenges (climate, health, food, security and so on), to what extent is regulation and technology part of the problem? And, to what extent might it be part of the solution?’ As we have suggested in this present article, the disruption of law that generates a law 3.0 mind-set, breaks down a clear distinction between regulation and technology because the latter is now viewed as a potential solution to regulatory problems. This means that technology intrudes on the domain of law and regulation potentially to exacerbate problems but also to offer solutions. Given that this agenda item focuses on the major global challenges, the stakes could not be higher. With the Anthropocene and global pandemics at the top of our list of challenges, we need to be clear about their nature and we need to be asking how law, innovation, and technology can be employed to respond constructively to these challenges. Footnote 72 In the coming years, this should be a priority for all of us.

No potential conflict of interest was reported by the author(s).

Notes on contributors

Roger brownsword.

Roger Brownsword has professorial appointments in Law at King's College London and at Bournemouth University. Together with Han Somsen, he is the founding general editor of Law, Innovation and Technology.

Han Somsen , who is professor in EU Law at Tilburg University, is an expert in the field of technology regulation, in particular biotechnology. Together with Roger Brownsword, he is the founding general editor of Law, Innovation and Technology.

1 Roger Brownsword and Han Somsen, ‘Law, Innovation and Technology: Before We Fast Forward—A Forum for Debate’ (2009) 1 Law Innovation and Technology 1.

2 The seminal paper is Satoshi Nakamoto, ‘Bitcoin: A Peer-to-Peer Electronic Cash System’, https://bitcoin.org/bitcoin.pdf (accessed 4 September 2020); for an overview, see Aaron Wright and Primavera De Filippi, Blockchain and the Law: The Rule of Code (Harvard University Press, 2018).

3 See, e.g., Dinusha Mendis, Mark Lemley, and Matthew Rimmer (eds), 3D Printing and Beyond: Intellectual Property and Regulation (Elgar, 2019); Phoebe Li, Alex Faulkner, and Nicholas Medcalf, ‘3D bioprinting in a 2D regulatory landscape: gaps, uncertainties, and problems’ (2020) 12 Law, Innovation and Technology 1.

4 See, e.g, Karen Yeung and Martin Lodge (eds), Algorithmic Regulation (Oxford University Press, 2019); Martin Ebers and Susana Navas (eds), Algorithms and Law (Cambridge University Press, 2020); Michael Guihot and Lyria Bennett Moses, Artificial Intelligence, Robots and the Law (Lexis Nexis, 2020); and Simon Deakin and Christopher Markou (eds), Is Law Computable? Critical Perspectives on Law and Artificial Intelligence (Hart, 2020).

5 We could say the same about law, regulation, and technology as a field of legal scholarship. See, Roger Brownsword, Eloise Scotford, and Karen Yeung (eds), The Oxford Handbook of Law, Regulation and Technology (Oxford University Press, 2017). See, too, Michael Guihot, ‘Coherence in Technology Law’ (2019) 11 Law, Innovation and Technology 311.

6 Han Somsen, ‘From Improvement Towards Enhancement: a regenesis of environmental law at the dawn of the Anthropocene’ in Roger Brownsword, Eloise Scotford, and Karen Yeung (eds), The Oxford Handbook of Law, Regulation and Technology (Oxford University Press, 2017) 379.

7 Generally, see Roger Brownsword, Law 3.0: Rules, Regulation and Technology (Routledge, 2020).

8 See Roger Brownsword (n 7) and Law, Technology and Society: Re-imagining the Regulatory Environment (Routledge, 2019).

9 Lon Fuller, The Morality of Law (Yale University Press, 1969).

10 Compare the critical commentary in Alain Supiot, Governance By Numbers (trans by Saskia Brown) (Hart, 2017).

11 Seminally (in a law 2.0 paradigm), see Neil Gunningham and Peter Grabosky, Smart Regulation (Clarendon Press, 1998).

12 Compare, eg, Roger Brownsword, ‘Regulating Patient Safety: Is it Time for a Technological Response?’ (2014) 6 Law, Innovation and Technology 1.

13 Compare Laurence Diver, ‘Digisprudence: The Design of Legitimate Code’ (2021) 13 Law, Innovation and Technology (forthcoming).

14 On the use of new technologies in the criminal system, see, e.g., Benjamin Bowling, Amber Marks, and Cian Murphy, ‘Crime Control Technologies: Towards an Analytical Framework and Research Agenda’ in Roger Brownsword and Karen Yeung (eds), Regulating Technologies (Hart, 2008) 51; Amber Marks, Benjamin Bowling, and Colman Keenan, ‘Automatic Justice? Technology, Crime, and Social Control’ in Roger Brownsword, Eloise Scotford, and Karen Yeung (eds), The Oxford Handbook of Law, Regulation and Technology (Oxford University Press, 2017) 705; and Roger Brownsword and Alon Harel, ‘Law, Liberty and Technology–Criminal Justice in the Context of Smart Machines’ (2019) 15 International Journal of Law in Context 107. On BigTech companies, see, in particular, Shoshana Zuboff, The Age of Surveillance Capitalism (Profile Books, 2019).

15 See Roger Brownsword, ‘Lost in Translation: Legality, Regulatory Margins, and Technological Management’ (2011) 26 Berkeley Technology Law Journal 1321, and ‘Law, Liberty and Technology” in Roger Brownsword, Eloise Scotford, and Karen Yeung (eds), The Oxford Handbook of Law, Regulation and Technology (Oxford University Press, 2017) 41.

16 European Commission, Ethics Guidelines for Trustworthy AI , Brussels, April 8, 2019. For example, at p 4, we read that ‘AI systems need to be human-centric, resting on a commitment to their use in the service of humanity and the common good, with the goal of improving human welfare and freedom.’

17 For discussion, see, e.g., Roger Brownsword and Alon Harel (n 14); and Orla Lynskey, ‘Criminal Justice Profiling and EU Data Protection Law: Precarious Protection from Predictive Policing’ (2019) 15 International Journal of Law in Context 162; and, for the vexed question of whether there is ‘a right to an explanation’, see Sandra Wachter, Brent Mittelstadt, and Luciano Floridi, ‘Why a Right to Explanation of Automated Decision-Making Does Not Exist in the General Data Protection Regulation’ (2017) 7 International Data Privacy Law 76.

18 (n 16) p. 13.

19 European Commission, White Paper: On Artificial Intelligence–A European Approach to Excellence and Trust , COM(2020) 65 final, Brussels, 19.2.2020, at 17.

21 Ibid. at 21.

22 See Han Somsen and Arie Trouwborst, ‘The Planetary Boundary of Biosphere Integrity: Present and Future Legal Significance’ in L. Kotzé and D. French (eds.) Planetary Boundaries Handbook (Hart 2021) forthcoming.

23 Johan Rockström and others, ‘Planetary Boundaries: Exploring the Safe Operating Space for Humanity’ (2009) 14(2) Ecology and Society 32. See also Will Steffen and others, ‘Planetary Boundaries: Guiding Human Development on a Changing Planet’ (2015) 347(6223) Science , 1259855.

24 Johan Rockström et al, ‘A safe operating space for humanity’ (2009) 461 Nature 472–75; Frank Biermann and Rakhyun Kim, ‘The Boundaries of the Planetary Boundary Framework: A Critical Appraisal of Approaches to Define a “Safe Operating Space” for Humanity’ (2020) 45 Annual Review of Environment and Resources 497.

25 Frank Biermann and Agni Kalfagianni, ‘Planetary Justice: A Research Framework’ (2020) 6 Earth System Governance 1–11.

26 Compare Joseph Raz, The Authority of Law (Oxford: Oxford University Press, 1979).

27 The leading example in modern jurisprudence is John Finnis, Natural Law and Natural Rights (Oxford University Press, 1980).

28 For such a picture, see Deryck Beyleveld and Roger Brownsword, Law as a Moral Judgment (Sweet and Maxwell, 1986; reprinted Sheffield Academic Press, 1994).

29 See, e.g., Deryck Beyleveld and Roger Brownsword, Human Dignity in Bioethics and Biolaw (Oxford University Press, 2001).

30 See, e.g., Roger Brownsword, Rights, Regulation and the Technological Revolution (Oxford University Press, 2008); ‘Human Dignity, Human Rights, and Simply Trying to Do the Right Thing’ in Christopher McCrudden (ed), Understanding Human Dignity (Proceedings of the British Academy 192) (The British Academy and Oxford University Press, 2013) 345; ‘Regulatory Coherence—A European Challenge’ in Kai Purnhagen and Peter Rott (eds), Varieties of European Economic Law and Regulation: Essays in Honour of Hans Micklitz (Springer, 2014) 235; and ‘Developing a Modern Understanding of Human Dignity’ in Dieter Grimm, Alexandra Kemmerer, and Christoph Möllers (eds), Human Dignity in Context (Nomos and Hart, 2018) 299.

31 Here, readers might detect some echoes from Alon Harel, Why Law Matters (Oxford University Press, 2014).

32 This is the thrust of the legal idealist position argued for in Deryck Beyleveld and Roger Brownsword (n 28).

33 HLA Hart, The Concept of Law (Clarendon Press, 1961).

34 Last year, referring to the Covid-19 restrictions on freedom of movement and association, the recently retired Supreme Court Justice, Jonathan Sumption, was reported as saying that ‘people should make their own decisions in the light of their own health and that the law should be a secondary consideration for them.’ See, C.J. McKinney, ‘Coronavirus laws a “secondary consideration”, says Sumption’, Legal Cheek (September 14, 2020), https://www.legalcheek.com/2020/09/coronavirus-laws-a-secondary-consideration-says-sumption/ (accessed 16 September 2020).

35 EP Thompson, Whigs and Hunters: The Origin of the Black Act (Pantheon Books, 1975) at 266.

36 Fuller (n 9).

37 Judith N. Shklar, Legalism (Harvard University Press, 1964).

38 Alain Supiot (n 10).

39 Lon Fuller (n 9).

40 See, e.g., Mireille Hildebrandt, Smart Technologies and the End(s) of Law (Elgar, 2015). On which, see Roger Brownsword, Disruptive Agents and Our Onli f e World: Should We Be Concerned?’ (2017) 4 Critical Analysis of Law 61.

41 Seminally, see Lawrence Lessig, Code and Other Laws of Cyberspace (Basic Books, 2009). Compare, Roger Brownsword, ‘Code, Control, and Choice: Why East is East and West is West’ (2005) 25 Legal Studies 1

42 Samuel Butler, Erewhon (Penguin, 1970; first published, 1872).

43 For some pertinent examples, see Robert Veal and Michael Tsimplis, ‘The integration of unmanned ships into the lex maritima’ [2017] LMCLQ 303.

44 Compare Hubert Etienne’s critique of the ‘moral machine’ in the present issue of LIT.

45 Hildebrandt (n 40), at 143.

46 Ibid., at e.g., 154–5.

47 Ibid., all at 12; and, see too the summary at 183–185.

48 Again, compare Hubert Etienne’s critique of the ‘moral machine’ in this issue of LIT.

49 Compare Lyria Bennett Moses, ‘Not a Single Singularity’ in Simon Deakin and Christopher Markou (eds) (n 4) 205.

50 In this part of the article, we are drawing on some of the ideas in Roger Brownsword’s keynote to the International Network of Biolaw’s Second Global Seminar on ‘Biolaw and Global Risks: Challenges to Autonomy and Dignity in Pandemic Times’, Washington, August 27, 2020, and Roger Brownsword and Jeff Wale ‘In Ordinary Times, In Extraordinary Times: Consent, Newborn Screening, Genetics and Pandemics’ (2020) BioDiritto 1–33, available online at https://www.biodiritto.org/Online-First-BLJ/Online-First-BLJ-1S-21-In-ordinary-times-in-extraordinary-times-consent-newborn-screening-genetics-and-pandemics .

51 That said, to a certain extent, this is context-sensitive. For example, a recent poll in the USA, suggests that about a third of US adults would decline a vaccine for Covid-19 and, presumably, these adults would also push-back against mandatory vaccination of their children: see Shannon Mullen O’Keefe, ‘One in Three Americans Would Not Get COVID-19 Vaccine’ (August 7, 2020), https://news.gallup.com/poll/317018/one-three-americans-not-covid-vaccine.aspx (accessed 28 August 2020).

52 Compare, Nuffield Council on Bioethics, Public health: ethical issues (November 2007). The Council’s reliance on the concept of stewardship attracted some criticism as being (from a utilitarian perspective) unnecessary. However, provided that stewardship is understood as operating in a different (extraordinary times) domain from ordinary time utilitarian reasoning, it is an evocative and defensible idea. For defence, see Tom Baldwin, Roger Brownsword, and Harald Schmidt, ‘Stewardship, Paternalism and Public Health: Further Thoughts’ (2009) Public Health Ethics 1, and Roger Brownsword, Responsible ‘Regulation: Prudence, Precaution and Stewardship’ (2011) 62 Northern Ireland Legal Quarterly 573.

53 See Deryck Beyleveld and Roger Brownsword, Consent in the Law (Hart, 2007).

54 Statement issued April 2, 2020, p 4, emphasis supplied, https://ec.europa.eu/info/sites/info/files/research_and_innovation/ege/ec_rtd_ege-statement-covid-19.pdf (accessed 7 July 2020).

55 Recommendation 4. Compare Michelle M. Mello and C. Jason Wang, ‘Ethics and Governance for Digital Disease Surveillance’ (2020) 368 Science 6494, 951.

56 Compare K. Moodley, B.W. Allwood, and T.M. Rossouw, ‘Consent for Critical Care Research after Death from COVID-19: Arguments for a Waiver’ (2020) S Afr Med J 629.

57 SHS/IBC-COMEST/COVID-19, Paris, 26 March 2020.

58 Compare Michael Cook, ‘Will Covid-19 dethrone “autonomy” as the dominant principle of bioethics?’ BioEdge, November 29, 2020, https://www.bioedge.org/bioethics/will-covid-19-dethrone-autonomy-as-the-dominant-principle-of-bioethics/13633 ? (accessed 1 December 2020).

59 For echoes of this account, see Bruce Jennings, ‘Beyond the Covid Crisis–A New Social Contract with Public Health’ (The Hastings Center, May 19, 2020) ( https://www.thehastingscenter.org/beyond-the-covid-crisis-a-new-social-contract-with-public-health/ (accessed 1 December 2020), where we read: To weather pandemics and restore the social contact that economic life demands, we need to sign a new social contract with public health. One part of that involves disaster preparedness planning as an ongoing—not merely a periodic—activity. How we plan affects how we respond, and how tragic the ethical dilemmas of the response measures may be. I suggest that we rethink disaster planning so that it becomes a civic practice. If we do so, then a disaster preparedness planning process will come to be seen as an expression of the entire community about the value of the lives and health of its members. It is less like a commercial contract between seller (the experts) and buyer (the tax payers and those subject to the plan’s provisions) and more like a social contract, an agreement to be entered into by all that establishes commitments of responsibility for each. A new social contract with public health requires a new form of civic thinking, a new ethic of public health citizenship. To bring about the institutional and behavioral change that emergency preparedness and response require, it is essential to see health as genuinely “public,” as something that involves us all, as a common good, not as a commodity we pay for and consume.

60 An understanding of what it is to have the capacity for agency presupposes respect for the conditions for both self-interested agency and other-regarding agency. To cash out this argument, see Alan Gewirth, Reason and Morality (University of Chicago Press, 1978); Deryck Beyleveld, The Dialectical Necessity of Morality (University of Chicago Press, 1991); and Deryck Beyleveld, ‘What Is Gewirth and What Is Beyleveld: A Retrospect with Comments on the Contributions’ in Patrick Capps and Shaun D Pattinson (eds), Ethical Rationalism and the Law (Hart, 2017) 233.

61 Compare, J. Rockström et al (n 24); and, Kate Raworth, Doughnut Economics (Random House Business Books, 2017) 43–53.

62 Massimo Renzo, ‘Revolution and Intervention’ (2020) 54 Nous 233, 243. Drawing on Joseph Raz, The Morality of Freedom (Oxford University Press, 1986) 370–3, Renzo identifies these conditions with having the capacity to form and execute sufficiently complex intentions, having an adequate range of options from which to choose the sort of life that we want for ourselves, and being free from coercion and manipulation as we make such choices.

63 Compare the insightful analysis of the importance of such conditions in Maria Brincker, ‘Privacy in Public and the Contextual Conditions of Agency’ in Tjerk Timan, Bryce Clayton Newell, and Bert-Jaap Koops (eds), Privacy in Public Space (Edward Elgar, 2017) 64; and, similarly, see Margaret Hu, ‘Orwell’s 1984 and a Fourth Amendment Cybersurveillance Nonintrusion Test’ (2017) 92 Washington Law Review 1819, at 1903-1904.

64 See, e.g., Roger Brownsword, ‘So What Does the World Need Now? Reflections on Regulating Technologies’ in Roger Brownsword and Karen Yeung (eds), Regulating Technologies (Hart, 2008) 23; and, ‘Lost in Translation: Legality, Regulatory Margins, and Technological Management’ (2011) 26 Berkeley Technology Law Journal 1321.

65 See Roger Brownsword (n 7) Ch 24.

66 See Andrew Joseph and Helen Branswell, ‘Trump: US will terminate relationship with the World Health Organization in wake of Covid-19 pandemic’ STAT, May 29, 2020, https://www.statnews.com/2020/05/29/trump-us-terminate-who-relationship/ (accessed 5 July 2020).

67 Sarah Franklin, ‘Ethical Research–The Long and Bumpy Road from Shirked to Shared’ (2019) 574 Nature 627–630. doi: 10.1038/d41586-019-03270-4 .

68 Timothy Lenton et al. ‘Climate tipping points — too risky to bet against’ (2020) 575 Nature 592–95.

69 Jan Zalasiewicz et al, ‘The Anthropocene: A New Epoch of Geological Time?’ (2011) 1938 Philosophical Transactions: Mathematical, Physical and Engineering Sciences 835.

70 As cited in Deutschlandfunk , 11 May 2008, https://www.deutschlandfunk.de/sternmarsch-nach-bonn.871.de.html?dram:article_id=126237 (accessed 25 February 2021).

71 See Han Somsen (n 6).

72 Compare Hope Johnson’s contribution to the present issue of LIT.

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Article Contents

Introduction, a definition of legal technology, a mapping and categorization of legal technology, implications of legal technologies, legal tech design and adoption considerations.

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Defining legal technology and its implications

 Associate Professor, Faculty of Law, University of Hong Kong, Pokefulam, Hong Kong. E-mail: [email protected] .

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Ryan Whalen, Defining legal technology and its implications, International Journal of Law and Information Technology , Volume 30, Issue 1, Spring 2022, Pages 47–67, https://doi.org/10.1093/ijlit/eaac005

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Legal technological developments have been both lauded as the promising future of the law and derided as a danger to the fundamentals of justice. This article helps reconcile these divergent perspectives by providing a definition of legal technology and a framework through which to understand its different types and their potential implications for the legal system and society more generally. Mapping technologies according to how specifically they afford legal uses, and the directness with which they engage in unmediated legal activities reveals different technological categories and their differing propensities to have legal, functional or general implications. This framework can help inform discussions both about which types of legal technologies to be excited about, and which to be concerned about, while also helping guide research, policymaking, design and adoption considerations.

Although excitement about how technology will change the practice or substance of law is nothing new, 1 recent years have witnessed rapid growth in both the development and marketing of legal technologies, and discussions about their implications. 2 The increasing sophistication of these technologies and their wider availability and adoption have generated two divergent narratives about their potential implications. These narratives alternately express excitement about legal technology’s potential to make the law more efficient and improve access to justice, 3 or concern about the ways in which it may actually exacerbate existing biases or otherwise systematically harm justice. 4 Although these two narratives appear to be at odds with one another, they can be reconciled by noting one simple and uncontroversial fact about legal technologies: they are diverse. However, despite their diversity, we lack a sufficiently precise and nuanced conceptualization to differentiate between the varied types of legal technology. To the extent that we currently have a vocabulary to categorize these technologies, it relies on the areas of law they are applied in. So, legal tech comprised ‘fintech, regtech’, 5 ‘smart contract’, 6 ‘e-discovery’, 7 etc. While this categorization tells us something about where or when a technology might be used, it overlooks all of the other dimensions these technologies can be sorted along as well as the similarities they share. At other times, scholars or commentators might examine legal tech by focusing on how specific technologies might be applied to the law. For instance, scholars have written about how technologies like search engines, 8 machine learning 9 or chatbots 10 might influence the law or legal practice. However, by focusing on specific types of technology these approaches offer little to help us make sense of legal technology as a whole. This lack of precision in commentary relating to legal technologies makes deep and meaningful discussion about their merits and demerits less precise than they should be. By more explicitly defining and categorizing legal technologies, this article seeks to help address this lack of precision.

The relationship between law and technology is much older than recent decades and includes much more than the computationally enabled information technologies often used as examples. For instance, important technological developments like writing, 11 papermaking 12 and citator organization 13 influenced the development of law and legal systems, and were each in different ways ‘legal’ technologies. The basket of technologies referred to as ‘legal tech’ is vast, and its constituent technologies vary in their design, their markets, their implications and the directness with which they engage with the law. Noting this diversity and identifying the important dimensions along which legal tech varies, can provide both a better understanding of what it means to be legal technology, as well as guidance about the potential implications and relevant design considerations they raise.

This article makes three contributions to the way we understand, study and discuss legal technologies. First, it offers a definition of legal technology as ‘all devices, capable of being used as a means for interacting with the substance of law or assisting its user to interact with the law, and the skills and techniques by which we use them’. Next, it situates those technologies within a two-dimensional mapping according to the directness with which they engage with the law and the extent to which they specifically afford legally related uses. Following from this mapping, and informed by the resulting taxonomy of legal technologies it provides, this Article then goes on to discuss the implications that legal technologies can give rise to and how these can and should inform the design, regulation and adoption of legal tech. Before we move on to mapping legal technologies and trying to understand the different types of implications they can have, we must first discuss what we mean when we talk about ‘legal tech’.

On the surface, the notion of ‘legal technology’ and what may or may not fall under its auspices, seems straight forward. One might say that legal technology is simply any technology that one might use while engaged in legal activities. However, this definition has a number of weaknesses. It is of course self-referential, defining the term in relation to its component parts. It also elides much of the nuance and diversity that exist within the bounds of legal technology, while at the same time being over inclusive and possibly incorporating many mundane technologies that have no intrinsic ‘legalness’ about them.

Because of the diversity of technologies that potentially fit within the ‘legal tech’ penumbra, scholars have struggled to produce a precise and concise definition of it. Webb defines legal technology as ‘the use of digital information and communication technologies to automate all or part of the legal work process, to offer decision support to legal service producers, and to provide legal information and advice directly to clients/end users.’ 14 Hoffmann-Reim offers a similar definition describing legal tech as ‘the use of digital technologies to assist in identifying, interpreting and applying the law and, in some instances, also in creating it.’ 15 Salmerón-Manzano focuses on legal tech as online services used by lawyers or those needing legal advice. 16 These are certainly helpful definitions, but they exclude many non-digital precursors of modern legal technologies. This is perhaps appropriate when discussing 21st century legal technologies but is unduly limiting when trying to understand the concept more generally. 17

Rather than focusing on precisely defining legal technologies, Gowder provides a helpful way to categorize them according to the type of effect they have on legal practice. 18 This categorization scheme sorts legal technologies into two types: the ‘cheaper lawyer’ type which replicates current practices but with greater efficiency, and the ‘transformative artificial legal cognition’ type that facilitates automated legal decision-making in ways not previously possible. This focus on how different legal technologies have different implications for legal systems provides an essential consideration for related discussion. However, we are still left without a clear definition of what precisely we mean when we talk about ‘legal tech’. In seeking a generally applicable and historically inclusive definition, we can begin by deconstructing the term into its constituent parts—legal and technology.

What is it to be ‘legal’?

To be ‘legal’ is of course to be ‘relating to the law’. 19 Although there is jurisprudential disagreement about what precisely the ‘law’ is, for our present purposes these philosophical disputes can largely be ignored. Provided we adopt a sufficiently expansive definition, little will turn on its precise philosophical perspective. Shapiro’s definition of legal activities as those that are ‘shared, official, institutional, compulsory, [and] self-certifying’ acts of social planning with a moral aim 20 provides one such sufficient definition of law and legality. These acts result in social plans, which can manifest as rules, regulations, norms, common law principles, etc that make up what we commonly think of as ‘the law’. So, to be a ‘legal’ technology is to be a technology related to one of these social plans or the resulting system of shared, official, institutional and compulsory rules, norms, etc. 21

In order to avoid an overbroad definition of the ‘legal’ portion of legal technology, we must also account for the nature of the relationship between the technology and the law. Not all technologies relating to anything that law touches upon will be ‘legal technologies’. This would subsume all technologies and make the ‘legal’ modifier meaningless. Rather, we must include limit legal technologies to be those that ‘interact with’ the law as such. That is to say, those technologies that interact with the substance of law itself—for instance the rules, norms, principles, etc—or the activities involved in discovering, creating, enforcing or complying with that legal substance. To return to Shapiro’s definition of law as social planning, technologies that engage with the law as such would include those that help form the plans, determine what the plans are or gauge whether activities conform to the plan.

Because of both law’s omnipresence and technology’s diversity, there are of course many ways that technologies can interact with the law. In the categorization of legal technologies below, I will detail some of these different ways and the important dimensions along which they vary. For now, let it suffice to say that if a technology is capable of interacting with the substance of law, or assisting its user to interact with the law, it is ‘legal’. With that addressed, let us now turn to shedding some light on precisely what we mean by ‘technology’.

What is technology

Much as defining ‘what is legal’ is the subject of a vast and varied literature, the task of attempting to define ‘technology’ has a similarly robust tradition. Although engaging deeply with this tradition is beyond our current scope, defining legal technology requires at least some discussion of what it means to be a technology.

Technology has at its roots two Greek words: techne (craftsmanship, craft or art) and logos (word, reason, discourse, etc) . Since the industrial revolution, the term has been remarkably fluid, having shifted in meaning from the study of craft and technical production to refer to the objects produced themselves. 22 The dictionary definition of the modern term is often something along the lines of ‘machinery, equipment, etc, developed from the practical application of scientific and technical knowledge’. 23 With its focus on machinery and equipment, this more traditional definition characterizes technology as artefact, thereby overlooking its non-physical aspects. Sociologists of science and technology offer a more inclusive definition, such as Bain’s ‘all tools, machines, utensils, weapons, instruments, housing, clothing, communicating and transporting devices and the skills by which we produce and use them.’ 24

Although helpful, Bain’s definition is also perhaps overly detailed, listing some terms redundantly (eg, a tool is also potentially a utensil and an instrument), and can be made more succinct. What Heidegger refers to as the instrumental definition of technology as a ‘means to an end’ helps in this regard by focusing on the ways technologies can be and are used as a vital aspect of the definition. 25 To ensure our definition is clearly inclusive of information technologies, which are so central to legal tech, 26 we can also include a reference to the ‘technique’ involved in using devices. This helps ensure that a computer clearly fits within the definition of technology but so too does a type of database or machine learning model. Putting these components together gives us a useful working definition of technology as: ‘all devices capable of being used as a means to human ends and the skills and techniques by which we produce and use them.’

Defining legal technology

We can adapt this general definition of technology to provide one that is focused specifically on legal technologies. Doing so leads us to a definition of legal tech as: ‘all devices, capable of being used as a means for interacting with the substance of law or assisting its user to interact with the law, and the skills and techniques by which we use them.’ This encompasses all technologies that are capable of being used towards ‘legal ends’.

This is an expansive definition, and will include many different types of technologies. Indeed, as technologies become more capable of taking on legally related roles, it will come to include more-and-more different types of technology. 27 The next section helps divide these technologies into their different types by characterizing them according to both their possible uses and the degree to which they directly engage with the law.

The definition of legal technologies as those capable of use as a means to interact with the law is expansive, incorporating a wide variety of technologies. To facilitate a useful mapping of these technologies that allows us to understand their different types in terms that extends beyond their practice area applications, I propose situating them along two dimensions: their legal ‘directness’, and their legal ‘specificity’. Legal directness refers to the extent to which a technology interacts with the law in a direct unmediated fashion. Specificity refers to how generic or specifically useful the technology in question is. Assessing legal technologies along these two dimensions provides a mapping of four different types of technology ( Figure 1 ).

Mapping legal technologies according to their ‘directness’ (how directly they engage with the law in an unmediated and/or official manner) and their ‘specificity’ (the degree to which they offer primarily legal affordances). Although useful for visualization purposes, these two dimensions are not truly orthogonal to one another, and do not bisect one another quite as neatly as shown. In reality, the ‘generic tech’ quadrant would occupy only a small corner on the bottom left. These technologies do not interact with the law directly or indirectly. Once a technology is capable of interacting with the law, even if in a quite mediated and indirect manner, it becomes ‘legal’ technology and thus the ‘generic legal tech’ quadrant would occupy much of the lower half of the space.

The ‘specificity’ dimension runs from generic technologies with many non-legal applications, to more specific technologies that are designed for or capable of being applied for primarily legally related purposes. While this may seem simple on its face, it is important to note that a technology’s ‘uses’ are not merely coterminous with its ‘capabilities’. Technologies are often used in ways for which they were not designed or intended, and users may or may not avail themselves of each of a technology’s capabilities. The ways technologies are used vary greatly by context, they change over time, differ between users and are thus difficult to define in specific and concrete ways.

The concept of technological ‘affordances’ 28 provides a way to discuss legal technologies’ capabilities, while also recognizing the complex and socially constructed nature of their actual or perceived uses and potential. Building on Gibson’s introduction of the notion of affordances to the cognitive psychology literature, 29 scholars of science and technology 30 and design 31 have adopted it to more precisely discuss how technologies can be and are used. Hutchby defines technological affordances as ‘the possibilities that [technologies] offer for action’. 32 Affordances describe all the functional capabilities that a technology has. Take for instance a paperback book. It has a wide variety of affordances including conveying a narrative story, weighing down papers in a windy office, swatting houseflies, etc. While these affordances are properties of the book, whether they are available depends on the context. When the book is perceived by someone not literate in its language, its narrative-conveying affordance is not available, yet it retains is capacity as a paperweight ( Figure 2 ).

The specificity dimension varies based on how generic or specifically legal a technology's affordances are.

All of this is to say that legal technologies also have affordances, and those sets of affordances vary in terms of how exclusively legal they are. The specificity dimension reflects this and represents the degree to which a technology has a specifically legal or more generic set of affordances. Sometimes the availability of those affordances will depend on context, such as whether the user is a layperson, a legal professional or someone serving in an official capacity, but regardless the affordances are there. Legal technologies with low specificity—that is to say generic technologies—may have legal affordances but also many non-legal ones. They can be applied to the law or legal practice, but they can also be used for unrelated purposes. For instance, the word processing software I am currently using is a generic technology. It can be used to engage with the law, but it is not primarily intended for such use and it has many non-legal uses. On the other end of the spectrum would be a technology with a very specific set of legal affordances, and few non-legally related ones. For example, an automated contract clause generator has almost exclusively legally related affordances.

The ‘directness’ dimension also relates to the affordances that a technology offers, but rather than focusing on how varied those affordances are it measures the degree to which a technology affords direct engagement with the law. There are two aspects of a technology that can affect this directness—the extent to which it requires a human intermediary to interact with the law and whether that interaction is official. Thus, directness spans a spectrum from technologies which are highly indirect, because they do not themselves refer directly to any legal substance and require an intermediary to do so, to those that engage with the substance of the law directly and officially. In a sense, this directness dimension can be thought of as representing not just the degree to which the technology in question can be used for legal ‘ends’, but the degree to which it does so by legal ‘means’ ( Figure 3 ).

The directness spectrum runs from highly indirect engagement with the law to direct and official engagement.

For example, consider different technologies all related to speed limit enforcement or compliance. The regular speedometer installed in a car is highly indirect. It functions to help ensure the driver’s behaviour complies with the law and thus fits our definition of a legal technology, but it requires extensive human intermediation to do so. The human driver needs to be aware of the local speed limit, to compare that with the speedometer’s readings and subsequently perhaps correct the vehicle’s speed. The police officer’s radar gun still requires a human intermediary, but it is calibrated and officially endorsed as a measure of vehicle speed, making its engagement with the law more direct than the unofficial driver’s speedometer. Finally, the speed camera requires no intermediary and engages directly and officially with the law by automating enforcement and issuing speeding tickets where appropriate. It is thus a very direct example of this type of technology.

These two dimensions—directness and specificity—are related but distinct. Technologies that are inherently very direct in nature—that is to say, those that incorporate or engage with legal rules directly and officially as a core part of their functionality—will often be specifically designed for legally related uses and thus have a set of affordances that is largely legally related. That said, this relationship runs from directness-to-specificity, but not necessarily in the other direction. There are many technologies that are specifically designed for use in legal practice that may not engage with legal rules at all and are thus relatively low in their directness. Consider a law firm’s contract precedent management system. It is specifically designed for legal uses by helping the firm track and reuse or adapt contractual provisions, but because the substance of legal rules does not feature in the design or use of the tool, it is not directly legal in nature.

Although there are of course many dimensions along which one can sort legal technologies, these two are particularly useful in providing a categorization that is distinct from the ‘field of practice’ categorizing approach that is presently dominant, and in doing so they help provide insight into the potential wider social, professional and legal implications arising from these technologies. Focusing on how ‘direct’ a legal technology is in its interface with the law represents the degree to which it automates behaviour that would otherwise require a human to complete. In doing so it can help distinguish between technologies that introduce great potential change to legal practice or enforcement. Technologies that are highly indirect and require extensive human intermediation between them and the law are ceteris paribus less concerning than those that potentially remove human intermediaries and engage directly with the law, potentially automating important legal tasks. Meanwhile, the specificity dimension can provide insight into the degree to which the technology in question is of general relevance—and thus perhaps best subject to general regulation—or whether it is more narrowly relevant to legal officials and practitioners—and thus perhaps more appropriately regulated via professional bodies or the courts.

The four quadrants of the directness–specificity space can be used to categorize technologies into types. In the low specificity, low directness quadrant, we find generic technologies. These are of little interest to our present purposes, as they neither afford legal uses nor do they engage with the law. The quadrant above generic technology represents the high specificity, low directness technologies that can be thought of as ‘shallow legal tech’. These technologies are designed for and afford uses that primarily relate to the law, but they do not engage meaningfully with the law as such. The bottom right quadrant, featuring the low specificity and high directness technologies, is home to ‘generic legal tech’. Like their generic neighbours to the left, they are not designed with specific legal uses in mind, but they can engage directly with the law. Finally, the top right corner of the space shows the high specificity and high directness technologies. These ‘deep legal technologies’ both afford primarily legally related uses and engage with the law directly and deeply. The following sections will further describe these types of technologies, before we turn to examining the different implications they can have.

Generic technologies

Generic technologies are those that do not engage with the law—or only do so in such a remote and indirect way as to have essentially no engagement—and have a generic (ie, non-legally related) set of affordances. This category includes the majority of technologies—from the curtains on my windows to the powerplant charging my laptop. Although these technologies are clearly important, they are beyond this article’s immediate scope and so will only be discussed in passing. What distinguishes these technologies from their generic legal technology counterparts is that they are as low on the directness spectrum as to have essentially no connection, or only an extremely attenuated connection, to the law and legal practice.

It is true that because the law touches on all human activities, generic technologies can, and often do, have implications for the law and legal practice. As such, they will appear in discussions about technological implications below. However, for the time being, our focus is on ‘legal’ technologies, and so we will turn first to the three other types of categories that are either used as the means to a legal end or that afford primarily legal uses.

Generic legal technologies

Generic technologies that have some degree of engagement with the law are perhaps ‘legal technologies’ but as a group are the furthest removed from the law and legal practice. They have a generic—as opposed to specifically legal—set of affordances, and because they are generic, they come in a wide variety of forms, including those that have only mediated and indirect engagement with the substance of the law and those that are more direct. For instance, this category includes all sorts of mundane and indirectly legal technologies like computers, highlighters or the Internet. These are generic technologies, in that they offer a widely varied set of affordances, and only engage with the law via extensive human intermediation. On the other hand, some generic technologies offer more direct legal engagement. Consider for example the self-driving car. 33 Its primary set of affordances are things like transportation, shelter, etc and it is thus on the generic side of the generic-specific spectrum. However, it also engages directly with the substance of the law, it features databases of legal rules and makes unmediated determinations about compliance.

Not all generic technologies are generic ‘legal’ technologies. The bicycle that the lawyer rides to work, or the shoes that she wears during her visit to the court are so far left on the ‘directness’ spectrum that they are simply ‘generic’. To be a generic ‘legal’ technology, the technology in question must be capable of being applied to the professional or personal practice of law, or it must engage with legal rules, codes or norms. That is to say, they afford legal uses.

Shallow legal tech

Moving on from generic technologies with some legal affordances, we come next to the technologies that are specifically legal because their affordances are primarily legally related, yet do not themselves engage directly with the law. These technologies are frequently used to engage with some aspect of legal practice—for instance, helping a practitioner discover the law or track legal developments—and thus are often used by lawyers, judges, law librarians and others who frequently engage in legal practice. Because they are designed with legally related uses in mind, they are high in ‘specificity’; however, they do not engage directly with the law and are thus low in ‘directness’.

Because so much of legal practice revolves around determining what the law is in relation to some scenario, many of the technologies specifically designed to assist in legal practice are meant to help in this process of legal search and retrieval. For instance, the many legal databases that catalogue and organize the law in its various forms fit within this category. These databases are designed to help lawyers, judges, clerks and others who might want to know what law governs some issue they have identified. Other examples of specific legal practice technologies include things like docket management systems used by courts, contract management systems used by corporations or patent prior art search engines. It is a broad category—including many information technologies—that continues to grow in its importance to the legal profession.

Much of the shallow legal tech category is populated by generic technologies that have been adapted specifically for legal use. This reflects the recombinatorial nature of technology, where technological developments are variously recombined and repurposed to produce new variants. 34 For instance, technologies like the docket management systems or legal opinion search engines referenced above are adaptations of generic database and information retrieval systems that have been specifically designed for legal applications.

What distinguishes these shallow legal technologies from their more deeply legal counterparts is their comparatively limited direct engagement with the law. For instance, while the precedent search engine may be very specifically designed for legal uses, and indeed a key part of many legal practices, it does not engage with the law as such. It makes no legal determinations and leaves the majority of the legal work to the human practitioner. Recently, more technologies have been moving beyond this dynamic by engaging more directly with the law as such, and by automating more legal work.

Deep legal tech

Atop the legal technology hierarchy are those technologies that afford primarily legal uses and that engage directly and deeply with the law. These technologies do so by making legal determinations, directly or indirectly enforcing the law, or perhaps by updating the law itself. Some might consider these ‘true’ legal tech because they are so closely entwined with the law. Much of the recent excitement about legal technologies revolves around the promise of deep legal tech to transform the institution of the law or the way we interact with it. 35

Despite their direct legal engagement, these technologies need not be overly complex, and some of them have been widely used for many decades. For instance, tax preparation software that takes as input one’s specific circumstances—eg, income, marital status, etc—and makes a determination about one’s tax obligations fits into this deep legal tech category. These programmes are designed to take into account the relevant tax law, and by comparing a set of facts to that law make legal determinations. When these technologies are official in nature and thus capable of making legally binding determinations about tax obligations, they become even more directly legal as they further reduce the need for human intermediation between the facts and the legal outcome. Other examples of deep legal tech include newer inventions like the so-called ‘smart contracts’ that are designed to monitor conditions and self-execute as the agreement dictates, 36 or automated trademark infringement detectors that use artificial intelligence to monitor IP portfolios and make judgements as to possible infringement. 37

At the apex of this ‘deep legal technology’ category are technologies—at this point mostly theoretical—that not only incorporate the rules into their engineering and make legal determinations, but that observe conditions and update the rules accordingly. These technologies offer much promise in addressing some of the weaknesses inherent in the way law is created, but also raise important ethical issues about the role of law and its legitimacy.

Although these technologies are at this point largely theoretical, we can imagine some examples. For instance, responsive speed limits provide a simple example of this sort of reactive legal technology. 38 By monitoring traffic congestion and updating local speed limits in order to help ensure safe traffic flow, automatic speed limiting technologies are not just taking rules and facts as input and giving legal interpretations as output, but rather are updating the current rules that govern behaviour.

In some ways, this theoretical type of legal technology engages in making law. Unlike the other types of legal tech which either assist in legal practice, or help one discover or interpret the law, these ‘law making technologies’ actually alter the rules that govern behaviour at any given time and can be empowered to dynamically alter legal obligations. For this reason, they have particularly powerful implications and correspondingly important design considerations.

Having spent all of this time and effort defining and mapping legal technology, it would be very understandable if one were to ask: ‘why?’ Why does it matter that the rather amorphous set of technologies sometimes referred to as ‘legal tech’ can be sorted along these two dimensions of their generic utility and the directness with which they engage with the law? Does the categorization that this sorting allows for provide more than a helpful ‘sense-making’ explication of legal technologies?

I believe the answer to these questions is that yes, identifying these dimensions along which we can situate legal technologies provides nuance that is useful when we discuss them. And, perhaps more importantly, thinking of legal technologies in this way provides insight into the varied concerns different types of legal technology raise in terms of their implications and the design and regulatory issues that they give rise to.

Before moving on to discuss these potential implications, it is important to note that the effects legal technologies might have are not simply a function of their capabilities but are also influenced by important social forces. There is a tendency in the literature to take an overly technologically deterministic approach in forecasting how legal tech will alter legal practice and legal systems more generally. 39 Deterministic accounts of technology equate technological progress with social progress and make assumptions based on a technology’s capabilities to infer how it will be adopted and what sorts of implications it will have. 40 In doing so, these accounts ignore the role of human agency both in the choices contributing to a technology’s design, and also in terms of how that technology will go on to be used. In reality, technology is not merely deterministic but is—at least in part—a social construct, and as such any discussion of its implications must account for its social context. To do so, technology can be considered not merely as a tool with inherent capacities that will become manifest as it is used, but rather as an entity which offers a variety of technological affordances that users may or may not avail themselves of. 41 Doing so reveals that, although technologies may have inherent affordances, they are also subject to human agency and are thus ‘both shaped by and shaping of the practices humans use in interaction with, around and through them’. 42 Conceiving of technological development and its implications as not merely deterministic, but rather as a function of both technology’s affordances and a degree of social construction that is constrained by those affordances, helps ensure a more realistic and nuanced understanding of the relationship between technology and society.

The relationship of legal technology to the law and legal practice has yet another consideration that must be accounted for—the limitations and possibilities within different jurisdictions. 43 For legal technologies, we can think of these as ‘legal affordances’ which can limit or enable the affordances of legal technology. From a jurisdictionally agnostic perspective, a legal technology might have a given set of affordances. However, that set of affordances can change dramatically in practice if that technology is regulated by a jurisdiction’s legal profession or laws. For instance, consider again our example of the automated speed limit enforcement camera. In theory, it affords direct enforcement of the law. However, these cameras are not legal in all jurisdictions. 44 In jurisdictions where their use is not legal, they have no legal affordance to enforce the law and may in fact be completely irrelevant. Thus, when considering what sorts of implications a specific legal technology might have, in addition to considering its inherent affordances, one must also consider the legal affordances in relevant jurisdictions.

To summarize, legal technologies’ implications are not deterministic. Rather, they are influenced by the affordances each technology might allow for, the choices made by users as they adopt (or ignore) each technology, and the legal affordances of the jurisdictions within which they might be used. All that said, these implications can be sorted roughly into three types and the likelihood of any given technology having implications of these varied types is related to its directness and specificity, as described above. In order to show how mapping legal technology along these two axes can help reveal design, adoption and regulation considerations, let us first explore three distinct types of implications that legal technologies can have: legal, functional and general.

Legal implications

Perhaps, the most obvious type of implication arising from the adoption of a new legal technology is the possibility that it alters the substance of the law. This occurs when the technology in question affects the form of some legal rule, norm, principle, etc. For instance, the responsive speed limit technology discussed above enables jurisdictions to reform comparatively crude speed limits tied only to the location of the road in question, or perhaps one or two other auxiliary inputs like the time of day or proximity to a school, with tailored speed limits that optimize traffic flow across an entire network of roads in response to live traffic conditions. The introduction of a technology like this could substantively change a jurisdiction’s traffic law by transforming a categorical rule to a more complex, technologically enabled, regulation system.

As another example, consider a hypothetical technology that allowed patent offices to precisely estimate the degree of innovation in a new invention claiming a patent. Doing so would allow for tailored patent terms in providing a longer duration of protection for more innovative inventions, and shorter duration for less innovative inventions. The introduction of this technology would enable a substantive change to the current binary that exists in patent law where—absent a few regulatory exceptions—all patentable inventions are entitled to the same duration of protection, 45 and any inventions not meeting the patentability bar receive no patent protection at all. 46

The sorts of legal technologies that enable the substantive alteration of legal rules are perhaps easiest to conceive in legal areas that do not raise contentious moral or ethical issues. In both of the examples provided above, technical designers could use relatively objective and clear utility functions to inform their design choices. In the case of traffic regulations—a largely amoral area of law—the function is to optimize both safety and efficiency, enabling those using the traffic system to safely reach their destinations in the most efficient manner. In the case of an innovation-measuring technology that optimizes patent terms, the utility function is a maximization of innovative output. This sort of technology would set out to tune the reward and incentive scheme provided by patent law to further this goal.

In areas of law where questions of morality are more salient, it is more difficult to imagine technologies that substantively alter the law in a manner that is not highly contentious. However, imagining dystopian technologies that substantively alter the law in contentious ways is not so difficult. Take for example a hypothetical invention that classifies speech as either constitutionally protected free expression, or regulatable unprotected speech. This would substantively alter free expression law by foregoing legislated rules or the use of judicial discretion, and instead create a technologically enforced rule wherein expressions deemed permissible are left alone, while those that are deemed impermissible are regulated accordingly—perhaps with a takedown notice or injunction requiring their correction. Even assuming the technology in question could accurately categorize speech into categories currently considered protected or unprotected—for instance by identifying fighting words 47 —automating the decision-making process and removing humans from the deliberation would be highly contentious. It would forego the possibility that new exceptions could be identified, or new interpretations made, while also precluding change in the meaning of words or the social context through which they are understood. Unlike the less controversial examples above, there is no objective utility function with which to design this technology. Not only do we not know how to accurately classify speech as protected or not protected—indeed it may be impossible to do this without a huge amount of contextual information—but perhaps more importantly, there is great disagreement about what should be in these categories. For instance, reasonable people can and do disagree about what it means to be threatening and the appropriate role of the fighting words doctrine in limiting (or not) free expression. 48

The lesson here is that technologies which substantively alter the law merit different degrees of oversight depending on whether or not they are able to integrate objective criteria in the way in which they transform the rules they alter. Some areas of law are largely divorced from contentious moral considerations and are either implicitly or explicitly structured in such a way as to produce some agreed upon outcome. These areas of law are most amenable to legal tech developments as they set out clearer design standards and raise fewer sensitive questions. Other areas of law do not present operationalizable objective criteria that can be used to inform its design. As such, these areas of law are less likely to be able to uncontroversially adopt technologies that substantively alter the law. In these areas, it may be that the humanness of the legal endeavour is central to the legal system’s legitimacy. 49

Functional implications

In addition to the way technology can substantively change the law, it can also give rise to functional implications that affect the way we interact with the law. These arise when the technology changes some facet of the way the law functions, or the way we practice, access or engage with the law—but do not necessarily alter the substance of a rule or make legal determinations. For instance, the adoption of a case management system that enables a court to hear more cases per day and thereby reduce the time required to render judgment has functional implications. Although they do not alter legal substance, these changes can be normatively important. Most consider the timely rendering of justice to be an important aspect in a well-functioning legal system, 50 as the saying goes ‘justice delayed is justice denied’, and thus the adoption of a technology that improves timeliness makes a normative improvement to the legal system without altering legal substance.

As another example, consider the implications that arise from a self-executing contract. These agreements—sometimes referred to as ‘smart contracts’—do not alter the substance of contract law. 51 Indeed, like all contracts they assume that contract law is a largely settled matter and rely on it to inform agreement drafting. However, the self-executing nature of these contracts has functional implications for the way in which private factors establish and enforce legal obligations. Because a truly self-executing contract automates enforcement of the agreed upon terms, it obviates the need for third-party enforcement. When a traditional contract is allegedly breached, the parties must ultimately rely on the state to enforce compliance or provide a remedy. In contrast, a self-executing contract does not allow for breach and, in theory at least, makes dispute resolution by arbitration or the state unnecessary. This has functional implications for the legal system by essentially rendering its dispute resolution function obsolete in enforcing the agreements between contracting parties.

These functional implications can also extend to the way that the law is structured. For instance, consider the implications of the introduction of tax preparation software. These programmes make it easier to navigate complex tax laws and apply them to one’s own—or one’s client’s—circumstances. As such, these sorts of software effectively make applying the law simpler, abstracting complexity away from the end user. But, these applications and other analogous legal technologies also have a more direct structural effect on the law that actually enables the complexity they seek to mitigate. 52 By making legal complexity easier to navigate, legal technologies can make it more practical for legislators and regulators to draft laws and regulations with a degree of complexity that would not be feasible absent the technological capacity to navigate them.

We have seen similar ‘complexification’ of the law enabled by the general use information retrieval technologies that are now common throughout legal study and practice. Berring argues that legal information retrieval systems, define the world of ‘thinkable thoughts’ 53 and that moving from published opinion reporters with clear categories and indices to full text search, atomizes the law creating a complex and evolving web of law and legal practice. 54

While functional implications are diverse, they share the trait of enabling legal change by altering how we practice, access or engage with the law, rather than by acting on the law itself by changing rules or making legal determinations. As such, these implications are one step removed from the law. They do not alter or engage with it directly, but by changing practical aspects of how humans engage with the law, they can have great influence.

General implications

In addition to the legal implications that technology can have by enabling changes to the law itself, and the functional implications it can have by altering methods of legal practice and the way legal systems function, legal technologies can also have more general social implications as they alter the communities governed by the legal systems that adopt them. These non-legal implications are like those that can arise from any technology, and I thus refer to them as ‘general implications’ here. This type of implication often arises as a consequence of the substantive and functional changes brought about by legal technology. Because the legal system is so thoroughly intertwined with society, changing the substance of the law, or altering its practice in functionally important ways, will almost certainly have follow-on effects that are non-legal in nature.

As an example, consider the general implications of writing down the law. Prior to the invention of writing, law—such as it was—would have been rooted in oral tradition and communal deliberation—perhaps interpreted or guided by some community elders or officials. 55 There are of course many differences between societies which use writing and those that do not, and the changes arising from writing down laws are only one of many. But that single act of transitioning from a system of laws that are not encoded to one where they are written down has substantial implications for how society can be ordered. It, at least in theory, makes the law clearer. It gives it further geographic reach and more consistency as it spreads from its point of origin. The greater consistency and certainty allowed by writing down the rules that govern legal relationships encourages innovations in commerce and industry. Posner argues that the capacity to write down rules—and thus to subsequently update, remove or change them—enables the law to develop at a faster pace, and thus enables more dynamic social systems. 56 Similarly, Vismann argues that a society’s legal framework is, at least in part, a function of its techniques and technologies for producing records. 57 The general implications that can arise when a legal system adopts the technology of writing are so fundamental and varied that they can be difficult to perceive from our current perspective within a highly technologically enabled legal system and society. That said, this example of a legal tech adoption—in this case the adoption of the generic technology of writing to legal practice—provides a clear demonstration of how legal technology can have wide ranging general implications beyond the law.

For a more future-oriented example of how adopting a legal technology could have implications beyond the legal system, consider the variety of ways that self-driving cars might alter the built environment. A true fully automated car, with the so-called Level 5 automation, 58 would be in the ‘generic legal tech’ category described above. Although not specifically designed for legal uses, these automobiles would ‘know’ all relevant traffic laws and constantly be making determinations based on them. While the introduction of Level 5 autonomous automobiles would almost certainly ultimately lead to substantive legal implications—after all many existing traffic laws are only required because humans are not very adept at coordinating high-speed transit—it would also have more general effects by altering transportation practices. This could influence where people choose to live and work, how public transit is funded, and much of urban planning. 59

The set of general implications that have arisen, and may arise in the future, due to the adoption of legal technology are too varied to cover here exhaustively. The wide-ranging importance of the legal system to social, political and cultural ordering means that when technologies alter the law or legal practice, there are often follow-on implications beyond the law itself.

These three types of implications can be ordered hierarchically in terms of how directly they implicate the law or the legal system—substantive implications are the closest to the law altering its substance; functional implications are one step removed from the law itself, altering the law by changing legal practice; finally, general implications arise when legal technologies have effects beyond the law or legal practice.

Every legal technology has its own propensity for generating each of these distinct types of implications. Some will be of minor import, and have few meaningful implications at all, while others have the potential to greatly transform the law, legal practice or society more generally. As a result, the development and adoption of legal technologies should be done with care and awareness of what may come.

Mapping legal technologies in the way proposed above—according to how directly they engage with the law, and how specifically they afford legal uses—and understanding that the implications of legal technologies can fit within the above taxonomy as either legal, functional or general, provides a framework to more precisely discuss and understand both the varied types of legal technology and the concerns that arise from their design and adoption. Although in theory each type of implication could arise from technologies within any of the described legal tech quadrants, these tendencies are not evenly distributed across the space. Increasing directness increases the likelihood that a technology will have substantive legal implications, moving upwards in specificity makes functional implications more likely, while moving towards the generic end of the spectrum makes important general implications more probable. Understanding these tendencies can assist the work of those who study, design, regulate or adopt legal technologies.

Just as any technology can have general implications, any legal technology can as well. That said, the more generic a technology is the more likely it is to have wide-ranging and important general implications. 60 As we move upwards in the specificity dimension, we reduce the probability of encountering technologies that produce these diffuse effects on society. This is not to say they are not possible, but rather that the probability of general implications decreases as a legal technology becomes more specifically designed for legal uses.

General implications are characterized by their diffuse nature. They can thus be difficult to predict when a technology is in its infancy. Given this, when it comes to anticipating and addressing the potential general implications of their products, legal technologists face a similar set of considerations as technologists more generally: more generically useful technologies are more likely to have wide-ranging general implications and they thus require careful forethought about the effects they may have. 61

As technology moves from the generic towards the specific end of the spectrum, it becomes more likely to have functional implications on the legal system. By definition, these specifically legal technologies influence how we engage in legally related activities. It is therefore in their nature to alter the way legal systems function and they thus raise issues that are important to the legal profession. For instance, specific legal technologies are more likely to raise issues related to access to justice. 62 These technologies have the capacity to reduce the cost of legal services, thereby improving access to justice, 63 or alternately provide tools only available to those who can afford them, thereby making access to justice less equal. 64 Because of the functional implications that are in their nature, specifically legal technologies are more likely to raise professional ethics-related design considerations. Designers of specifically legal technologies must, therefore, take into consideration the effects their technologies may have for consumers of legal services. Depending on their own interests, they may also wish to consider the effects on the legal profession more generally. After all, these functional implications are most likely to be relevant to those who make their living in a legal capacity. 65

In the other dimension, technologies that are more directly legal in nature, that is to say those that incorporate the law as a component or make unmediated legal determinations, are more likely to have substantive legal implications. Their capacity to engage directly with the law, means that these directly legal technologies can facilitate different rules than those that exist absent the technological enablement in question. By enabling substantive changes to the law, these technologies are more likely to raise normative concerns such as fairness, equality, due process or transparency.

Because of the normative concerns that can arise when technologies have the capacity for substantive legal implications, they must be treated with great care. Some would argue that these technologies should be strictly limited to a few areas of law, so as not to detract from law’s inherent humanity 66 At the least, these technologies are less likely to raise serious concerns when they engage with areas of law that do not raise serious moral questions. 67 When the law in question consists of ‘coordinating rules’ 68 with a clear utility function—such as the traffic law function of enabling safe and expedient movement of traffic—there is little concern about the substantive implications a technology might have. All that we care about is that the rule in question effectively achieves its purpose. On the other hand, when the laws in question raises important moral considerations—for instance criminal laws—we should be concerned about the substantive changes that legal technologies might enable. In these instances, technology must not be used to deprive individuals of their ‘right to a human decision’ 69 and if it is used at all, should be initially adopted in a hybrid form alongside human decision makers. 70

Legal technologists, regulators and practitioners should take these considerations into account. When developing, adopting or choosing whether to regulate legal technologies, one must understand what kind of technology it is and what type of implications it is most likely to give rise to. Mapping the technology in question according to how directly and specifically legal it is can help do so.

Legal technologies are diverse. They have the potential to both improve access to justice and to exacerbate inequality. Without a sufficiently rich conceptualization and an accompanying vocabulary, we risk eliding this diversity and impeding our ability to both capitalize on legal technology’s promises and face the challenges it raises. This article has offered a definition of legal technology as ’all devices, capable of being used as a means for interacting with the substance of law or assisting its user to interact with the law, and the skills and techniques by which we use them.’ It then categorized these technologies according to how directly they engage with the law and how specifically legal or general their affordances are. This reveals four types of technologies: generic; generic legal tech; shallow legal tech and deep legal tech. These provide a framework to think about and discuss legal technologies that extends beyond the usual ‘area of law’ categorizations that accompany them.

In conjunction with the legal tech definition and categorization, the taxonomy of legal tech implications as either legal, functional or general helps add nuance to discussions about the importance of legal technologies, and how they may alter the law, legal practice or society more generally. Legal technologies that are more generic are less likely to give rise to regulatory concerns when they are adopted for legal purposes. On the other hand, the more directly a technology engages with legal rules, the more likely it is to raise normative legal issues, such as concerns about justice, equality and democracy.

Although there is much uncertainty about the future of legal systems, it is almost certain that technology will play an increasingly high-profile role in practicing, accessing, enforcing and making the law. It is essential that, as we consider the future, we do so in a sufficiently nuanced manner to ensure we both benefit from the efficiency gains that legal technologies can offer, while also avoiding their more pernicious possibilities.

See eg, Louis H Mayo, ‘New Technology and National Goals Some Implications for Legal-Policy Decision Making’ (1961–1962) 37 Notre Dame Law Rev 33; Marise Cremona and Adam Hodgkin, ‘Electronic Publishing in Law: A Text-Base Approach’ (1989) 9 Oxf J Leg Stud 323.

See Roger Brownsword, Law 3.0: Rules, Regulation, and Technology (Routledge 2020); Jim Leason, Abigail Connor and Jimmy Vestbirk, ‘Legaltech Startup Report 2019: A Maturing Market’ (2019) < https://blogs.thomsonreuters.com/legal-uk/2019/10/18/a-new-report-legaltech-startup-report-2019-a-maturing-market/ > accessed 27 August 2020; In recent years, investments in legal tech firms have exceeded $1 billion Meg McEvoy, ‘ANALYSIS: 2019 Legal Tech Investments Top $1B After Strong Q3’ ( Bloomberg Legal Analysis , 11 October 2019) < https://news.bloomberglaw.com/bloomberg-law-analysis/analysis-2019-legal-tech-investments-top-1b-after-strong-q3 > accessed 24 September 2020.

Andrew Arruda, ‘An Ethical Obligation to Use Artificial Intelligence? An Examination of the Use of Artificial Intelligence in Law and the Model Rules of Professional Responsibility’ (2017) 40 Am J Trial Advoc 443; John O McGinnis and Russell G Pearce, ‘The Great Disruption: How Machine Intelligence Will Transform the Role of Lawyers in the Delivery of Legal Services’ (2013–2014) 82 Fordham L Rev 3041; Richard Susskind, Tomorrow’s Lawyers: An Introduction to Your Future (Oxford University Press 2013).

Mireille Hildebrandt, ‘Law as Computation in the Era of Artificial Legal Intelligence: Speaking Law to the Power of Statistics’ (2018) 68 UTLJ 12; Frank Pasquale, ‘A Rule of Persons, Not Machines: The Limits of Legal Automation’ (2019) 87 Geo Wash L Rev 1.

Douglas W Arner, Janos Barberis and Ross P Buckey, ‘FinTech, RegTech, and the Reconceptualization of Financial Regulation’ (2016–2017) 37 Northwest J Intl L& Bus 371.

Eliza Mik, ‘Smart Contracts: Terminology, Technical Limitations and Real World Complexity’ (2017) 9 LIT 269; Max Raskin, ‘The Law and Legality of Smart Contracts’ (2017) 1 Geo L Tech Rev 305; Pierluigi Cuccuru, ‘Beyond Bitcoin: An Early Overview on Smart Contracts’ (2017) 25 Int J Law Inf Technol 179.

Maura R Grossman and Gordon V Cormack, ‘Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient than Exhaustive Manual Review Annual Survey’ (2010–2011) 17 Rich J L & Tech 1.

Robert C Berring, ‘Legal Research and Legal Concepts: Where Form Molds Substance’ (1987) 75 Cal L Rev 15; Robert C Berring, ‘Chaos, Cyberspace and Tradition: Legal Information Transmogrified’ (1997) 12 Berkeley Tech LJ 189.

Harry Surden, ‘Machine Learning and Law’ (2014) 89 Wash L Rev 87; McGinnis and Pearce (n 3); Paul Gowder, ‘Is Legal Cognition Computational? (When Will DeepVehicle Replace Judge Hercules?)’ in Ryan Whalen (ed), Computational Legal Studies (Edward Elgar Publishing 2020).

Joshua D Blank and Leigh Osofsky, ‘Automated Legal Guidance’ (2020) 106 Cornell L Rev 179.

Richard A Posner, ‘A Theory of Primitive Society, with Special Reference to Law’ (1980) 23 J L Econ 1 (discussing the relationship between writing and legal system development).

Richard Leslie Hills, Papermaking in Britain 1488– 1988: A Short History (Bloomsbury Publishing 2015) 130 (referring to the importance of papermaking for legal document keeping).

Robert C Berring, ‘Legal Research and the World of Thinkable Thoughts’ (2000) 2 J App Prac Process 305; Berring, Legal Research and Legal Concepts (n 8) (exploring the relationship between citator development and legal categorization).

Julian Webb, ‘Legal Technology: The Great Disruption?’ in Richard L Abel and others (eds), Lawyers in 21st Century Societies (vol II, Hart Publishing 2021).

Wolfgang Hoffmann-Riem, ‘Legal Technology/Computational Law’ (2021) 1 J Cross-disciplinary Res Computational L.

Esther Salmerón-Manzano, ‘Legaltech and Lawtech: Global Perspectives, Challenges, and Opportunities’ (2021) 10 MDPI J Laws 24.

The trade press offers another source of definitions of legal technology, but they are often circular and of limited help in delineating the concept, including ones such as ‘the technology that helps facilitate the practice of law’ Christian Lang, ‘What Is “Legal Tech”?’ ( Medium , 3 November 2018) < https://medium.com/@christianllang/what-is-legal-tech-a6edf69140e7 > accessed 24 September 2020, or ‘the use of technology and software to provide and aid legal services’ ‘What Is Legal Technology And How Is It Changing Our Industry?’ ( The Lawyer Portal , 29 January 2019) < https://www.thelawyerportal.com/blog/what-is-legal-tech-and-how-is-it-changing-industry/ > accessed 24 September 2020.

Paul Gowder, ‘Transformative Legal Technology and the Rule of Law’ [2018] UTLJ < https://www.utpjournals.press/doi/abs/10.3138/utlj.2017-0047 > accessed 22 June 2020.

‘legal, adj. and n.’ OED Online, OUP, March 2021 < www.oed.com/view/Entry/107008 > accessed 25 April 2021.

Scott Shapiro, Legality (Harvard University Press 2011) 3111.

Under this definition, the law can of course take many forms—eg, as an explicit rule, a common law standard, a plan-like norm, etc—however the ‘rule’ is perhaps the modern archetype of law and as such I will at times use ‘legal rules’ below to speak of law. See Antonin Scalia, ‘The Rule of Law as a Law of Rules’ (1989) 56 U Chi L Rev 1175.

Eric Schatzberg, ‘“Technik” Comes to America: Changing Meanings of “Technology” before 1930’ (2006) 47 Tech & Cult 486.

‘technology, n.’ OED Online, OUP, March 2021 < www.oed.com/view/Entry/198469 > accessed 25 April 2021.

Read Bain, ‘Technology and State Government’ (1937) 2 Am Soc Rev 860, 860.

Martin Heidegger, The Question Concerning Technology, and Other Essays (Garland Publishing 1977) 4.

Richard E Susskind, The Future of Law: Facing the Challenges of Information Technology (OUP 1996).

For more on the increasing technologization of the law (as Law 3.0), see Brownsword (n 2); Roger Brownsword and Han Somsen, ‘Law, Innovation and Technology: Fast Forward to 2021’ (2021) 13 Law Innov Technol 1.

James J Gibson, The Ecological Approach to Visual Perception (Houghton Mifflin 1979); Ian Hutchby, ‘Technologies, Texts and Affordances’ (2001) 35 Sociology 441; William W Gaver, ‘Technology Affordances’, Proceedings of the SIGCHI   Conference   on Human   Factors   in   Computing   Systems (ACM 1991).

Gibson ibid.

See eg, Paul M Leonardi, ‘When Does Technology Use Enable Network Change in Organizations? A Comparative Study of Feature Use and Shared Affordances’ (2013) 37 MIS Q 749; Hutchby (n 28).

See eg, Donald A Norman, The Psychology of Everyday Things (Basic Books 1988); Rex Hartson, ‘Cognitive, Physical, Sensory, and Functional Affordances in Interaction Design’ (2003) 22 Behav Info Tech 315.

Hutchby (n 28) 447.

Anthony J Casey and Anthony Niblett, ‘Self-Driving Laws’ (2016) 66 UTLJ 429.

Charles Galunic and Simon Rodan, ‘Resource Recombinations in the Firm: Knowledge Structures and the Potential for Schumpeterian Innovation’ (1998) 19 Strategic Mgmt J 1993; Martin L Weitzman, ‘Recombinant Growth’ (1998) 113 Q J Econ 331.

See eg, McGinnis and Pearce (n 3); Sophia Adams Bhatti, Akber Datoo and Drago Indjic, The LegalTech Book: The Legal Technology Handbook for Investors, Entrepreneurs and FinTech Visionaries (John Wiley & Sons 2020); Micha-Manuel Bues and Emilio Matthaei, ‘LegalTech on the Rise: Technology Changes Legal Work Behaviours, But Does Not Replace Its Profession’, Liquid Legal (Springer 2017); Arruda (n 3).

Raskin (n 6); Cuccuru (n 6).

Sonia K Katyal and Aniket Kesari, ‘Trademark Search, Artificial Intelligence, and the Role of the Private Sector’ (2021) 35 Berkeley Tech L J 501.

See John O McGinnis, Accelerating Democracy: Transforming Governance through Technology (Reprint edition, Princeton University Press 2015).

See Milan Markovic, ‘Rise of the Robot Lawyers’ (2019) 61 Ariz L Rev 325 (arguing that more nuance is needed to address existing deterministic accounts of legal technology’s future).

Sally Wyatt, ‘Technological Determinism Is Dead; Long Live Technological Determinism’ in Edward J Hackett and others (eds), The Handbook of Science and Technology Studies (vol 3, MIT Press 2008).

Gibson (n 28); Gaver (n 28); Norman (n 31).

Hutchby (n 28) 444.

This is similar to how a technology’s institutional or organizational context can have far-reaching effects for its affordances and the way they are or are not adopted by its users. Anne-Laure Fayard and John Weeks, ‘Affordances for Practice’ (2014) 24 Info Org 236.

See Insurance Institute for Highway Safety, ‘Automated Enforcement Laws’ ( IIHS-HLDI Crash Testing and Highway Safety , May 2021) < https://www.iihs.org/topics/red-light-running/automated-enforcement-laws > accessed 3 May 2021.

See eg, 35 USC s 154; Patents Act 1977 (UK) s 25. Laura G Pedraza-Fariña and Ryan Whalen, ‘A Network Theory of Patentability’ (2020) 87 U Chi L Rev 63 (proposing a technologically enabled method of operationalizing innovation).

See eg, 35 USC s 101; Patents Act 1977 (UK) s 1.

See Chaplinsky v State of New Hampshire (1942) 315 US 568 (defining ‘fighting words’ as ‘those which by their very utterance inflict injury or tend to incite an immediate breach of the peace’).

See eg, Stephen W Gard, ‘Fighting Words as Free Speech’ (1980) 58 Wash U L Q 531; William C Nevin, ‘Fighting Slurs: Contemporary Fighting Words and the Question of Criminally Punishable Racial Epithets’ (2015–2016) 14 First Amendment L Rev 127.

See Michael A Livermore, ‘Rule by Rules’ in Ryan Whalen (ed), Computational Legal Studies (Edward Elgar Publishing 2020); Aziz Z Huq, ‘A Right to a Human Decision’ (2020) 106 Va L Rev 611.

See eg, Charter of Rights and Freedoms (stipulating a right ‘to be tried within a reasonable time’.).

For an overview of smart contracts, see Raskin (n 6).

Lawrence Zelenak, ‘Complex Tax Legislation in the TurboTax Era’ (2010) 1 Colum J Tax L 91.

Berring, Legal Research and the World of Thinkable Thoughts (n 13) 305.

Berring, Legal Research and Legal Concepts (n 8).

Andrew D Madden, Jared Bryson and Joe Palimi, ‘Information Behavior in Pre-Literate Societies’ in Amanda Spink and Charles Cole (eds), New Directions in Human Information Behavior (Springer Netherlands 2006) < https://doi.org/10.1007/1-4020-3670-1_3 > accessed 10 September 2020.

Posner (n 11).

Cornelia Vismann, Files: Law and Media Technology (Stanford University Press 2008).

‘Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles’ < http://standards.sae.org/ > accessed 2 February 2022.

Eva Fraedrich and others, ‘Autonomous Driving, the Built Environment and Policy Implications’ (2019) 122 Transp Res A Poly Pr 162.

Timothy F Bresnahan and Manuel Trajtenberg, ‘General Purpose Technologies “Engines of Growth”?’ (1995) 65 J Econometrics 83.

It seems likely that a similar dynamic exists within technologies that are used across varying levels of legal generality. Legal technologies will have use for a varied number of practice areas. For instance, one might only be useful for trademark practice, whereas another might be useful to all civil litigation. Those legal technologies that are more ‘generically legal’ by being useful to more practice areas, are more likely to have general implications across the law. Their developers therefore have a greater responsibility to carefully consider the way their technologies may affect the law and legal practice.

Deborah L Rhode, Access to Justice (Oxford University Press 2004); See also William Lucy, ‘Access to Justice and the Rule of Law’ (2020) 40 Oxf J Leg Stud 377 (arguing for a more nuanced appreciation of the relationship between access to justice and the rule of law.).

McGinnis and Pearce (n 3).

Emily S Taylor Poppe, ‘The Future Is Complicated: AI, Apps & Access to Justice Symposium: Lawyering in the Age of Artificial Intelligence’ (2019–2020) 72 Okla L Rev 185.

For discussion on professional implications of legal tech, see Richard Susskind, The End of Lawyers?: Rethinking the Nature of Legal Services (Revised edition, Oxford University Press 2010); but see Markovic (n 39) (arguing that technology is unlikely to undermine the market for professional legal services).

Pasquale (n 4).

See Arti K Rai, ‘Machine Learning at the Patent Office: Lessons for Patents and Administrative Law’ (2018) 104 Iowa L Rev 2617 (arguing that patent offices offer an appropriate proving ground for machine learning in law).

Shapiro (n 20).

Huq (n 49).

Tim Wu, ‘Will Artificial Intelligence Eat the Law? The Rise of Hybrid Social-Ordering Systems’ (2019) 119 Colum L Rev 2001.

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Research subject Law and Information Technology

Law and Information Technology examines the relationship and interaction between law and ICT (Information and Communication Technologies). The areas of interest include the interpretation and development of regulations in the digital society, as well as the methods for legally customised system design and management.

Legal informatics spans several traditional areas of law, including law of contract, commercial law, copyright and administrative law. The subject is usually divided into a matrix-oriented part and a methodology-oriented part. The first part - usually referred to as IT law - covers legal issues that arise in connection with the use of IT. This includes everything from the use of computers and the Internet in handling information, to telecommunications and various forms of media. IT law also covers issues such as information security, processing of personal data, trade secrets, publicity and confidentiality, etc. 

The method-oriented part of legal informatics in turn deals with regulations and methodological issues that arise in the development of digitised systems and applications. The importance of a legal approach to digitisation has become increasingly important in the context of society's growing use of digital systems and artificial intelligence (AI), both in the automation of legal proceedings and in the use of various forms of apps. The rapid developments in this field are constantly raising new questions about how laws, rules and ethical guidelines can and should be applied, making legal informatics an extremely dynamic area of research.

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This project addresses fundamental ethical and legal challenges that AI technologies bring to learning and teaching in higher education. It will provide knowledge about how to conceptually and empirically approach these challenges, but most importantly: How to deal with ethical issues in practice.

The goal of thid cross-disciplinary collaboration is to design and implement a novel data management and analytics framework for medical data sources. The focus is on explainable machine learning methods as well as on legal and ethical aspects of the predictive models.

PhD project that aims to examine legal information retrieval, the concept of legal information within the framework of the doctrine of legal sources and the information-seeking behavior of lawyers.

PhD Research Project about the right to compensation and liability for damages caused by processing of personal data.

Research project that investigates the link between new technologies and optimal operation of buildings. The aim is to create better conditions for the optimal operation of smart buildings.

Path2Integrity is a European project – funded by the European Commission – that raises awareness about research integrity and educates on how to argue in favour of responsible research and reliable research results.

What are the regulatory challenges when designing new systems for waste management? The topic will be explored in this research project. Our aim is to expand the understanding of interactions between environmental sustainability, local regulations and digital innovation.

PhD Project that is a part of the Maria Skłodowska-Curie Action project visuAAL - Privacy-Aware and Acceptable Video-Based Technologies and Services for Active and Assisted Living.

EU framework for AI usage will soon be established

During Sweden's current presidency of the Council of the European Union, the upcoming AI-act is one of the issues on the table. And it is a regulation that is highly important, according to several researchers at the Department of Law, Stockholm University.

VisuAAL-projects at SU Law examine legal aspects of AAL technologies

Video-based technology can be of great help in the care of older adults, but at the same time raises several questions of a legal nature. At SU Law, two PhD students are currently studying these issues within the framework of an EU major research program.

Law in the Era of Artificial Intelligence

The Swedish Law and Informatics Research Institute (IRI) has newly launched the publication of the Nordic Yearbook of Law and Informatics 2020–2021: Law in the Era of Artificial Intelligence.

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The Swedish Law and Informatics Research Institute (IRI) explores the interaction between Law and Information Technology. The topic is a meeting place for traditional legal studies, information science and information technology. Through this subject, the legal system acquires new working tools for the handling of source material, legal proceedings become automated and legal activities take on a new guise. Law and Information Technology focuses on both methodological issues and regulative issues.

The activities started in 1968 and are to a large extent project oriented. Apart from research, IRI is engaged in educational activities and Law and Information Technology (“Rättsinformatik”) has since the early 1980s been a compulsory component in the legal education at Stockholm University.

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N2 - Pivot. Teleconference. Vax. Lockdown. Super-spreader. Border closures. Ransomware…. The list of buzz words for recent years ever grows. Indeed, 2020 and 2021 have challenged our understanding of how our society operates. We scan QR codes to get into a shop to buy a piece of cheese. We may need to prove our vax status. Kids and students have been locked out of school and often they have been sitting in front of a tablet screen attempting to replicate the in-person experience. For anyone, accomplishing normal activities without a networked device in hand has become very difficult.Legal systems are normally, and quite rightly, measured in their response to challenges, and slow to change. It is difficult for citizens to cope with a legal system that changes regulation and control of civil society overnight – as evidenced by the rapid succession of public health orders that often have left enforcement scratching their heads. On the other hand, rapidly changing deployment of technologies and their intrusion into daily living has come at such a pace that timely policy and legal responses are required.

AB - Pivot. Teleconference. Vax. Lockdown. Super-spreader. Border closures. Ransomware…. The list of buzz words for recent years ever grows. Indeed, 2020 and 2021 have challenged our understanding of how our society operates. We scan QR codes to get into a shop to buy a piece of cheese. We may need to prove our vax status. Kids and students have been locked out of school and often they have been sitting in front of a tablet screen attempting to replicate the in-person experience. For anyone, accomplishing normal activities without a networked device in hand has become very difficult.Legal systems are normally, and quite rightly, measured in their response to challenges, and slow to change. It is difficult for citizens to cope with a legal system that changes regulation and control of civil society overnight – as evidenced by the rapid succession of public health orders that often have left enforcement scratching their heads. On the other hand, rapidly changing deployment of technologies and their intrusion into daily living has come at such a pace that timely policy and legal responses are required.

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Trends in information technology law: looking ahead to 2021

This piece looks ahead to what we might expect as IT law develops in 2021.

2020: an extraordinary year of IT transformation at scale, pace and depth

At last, we can see 2020 through the rear view mirror. A year like no other within living memory, its impact on transformation in the world of IT is huge. It can be summarised in three words: Scale, Pace, Depth.

“The digital economy is consuming the old economy” said a former CEO of HSBC recently, neatly if graphically articulating the scale of change. [i] 2020’s ‘tech celeration’ and great shove online have compressed into months changes previously anticipated in years. And headlines in early December 2020 illustrate how the depth of these changes will impact all our lives:

• DeepMind’s AlphaFold AI system predicting a protein’s shape from its amino acid components; [ii]
• Arm Holdings’ Project Triffid to develop virtually no-power IOT sensors; [iii]
• UK regulatory approval of the first mRNA [iv] and DNA [v] Covid-19 vaccines;
• researchers in China manipulating light particles in a quantum calculation reportedly 10bn times faster than anything before; [vi] and
• SpaceX’s Starship SN8 rocket prototype carrying out its first high-altitude test flight. [vii]

The high street

Retail and the UK high street remained the place where these changes were most visible in 2020. The chart below [viii] shows how internet sales as a percentage of total retail sales inclined relatively gently upwards from 3% in 2006 to 20% in 2019, but then raced ahead to 30% in early 2020. The list of well-known UK retailers that went into liquidation or administration in 2020 as a result is likely to lengthen in 2021.

Brexit and digital trade

So now we know what “Brexit means Brexit” means. Having ridden up six floors in the elevator of European economic integration, we finally got out at level 2, where we last were in 1960: tariff-free trade in UK- and EU- originating goods, bolted on to the WTO’s basic principles of non-discrimination and equal treatment (see graphic). [ix]

“Brexit means Brexit” means getting out at Level 2

December’s 1,246 page EU/UK Trade and Cooperation Agreement (‘ TCA ’) [x] adds to this a number of high level terms on services plus commitments to negotiate. These include seven pages aiming “to facilitate digital trade, to address unjustified barriers to trade enabled by electronic means and to ensure an open, secure and trustworthy online environment”. [xi] The Government has called these out as “some of the most liberalising and modern digital trade provisions in the world” and “the first time the EU has agreed provisions on data in a free trade agreement”. [xii]

Brexit and data protection

As an example of the contortions that may lie ahead, many businesses are likely to end up with dual data protection compliance requirements. During the transition period, the GDPR continued to apply in the UK pretty much as before and the TCA defers the UK from being considered a “third country” for GDPR purposes until 30 June 2021 or (if earlier) when the EU makes an adequacy decision for the UK. [xiii] We will be keenly awaiting the outcome of the Commission’s adequacy review.

However, as well needing to comply with UK GDPR, a UK business will also be subject to EU GDPR if it offers goods or services to data subjects in the EU, monitors their behaviour or has an EU establishment. Whilst divergence is unlikely to be material early on, room for inconsistency and conflict between UK GDPR and EU GDPR will grow over time.

If not reviewed before, the main areas affected that will need attention in 2021 are international data transfers, appointment of EU representatives and regulatory oversight for cross-border processing. The fall-out from the ECJ judgment in Schrems II (which struck down the US Privacy Shield arrangements with the EU) [xiv] and ongoing clarification in Brussels of points of EU GDPR detail are also likely to make this a volatile area of law for UK practitioners for a while.

At the global level, the data protection compliance picture is further complicated in 2021 as more states embed their own GDPR-type laws and rules. These include Brazil (September 2020); California (California Consumer Privacy Act: January 2020, California Privacy Rights Act: from January 2022); Canada (bill introduced November 2020); China (draft published October 2020); and South Africa (June 2021).

All the cloud’s a stage

IT transformation will continue to get star billing this year, and the main players are evident as we head into 2021. The cloud sets the stage where digital transformation plays out. In the world of “everything as a service”, efficient use of cloud resources is a pre-requisite to good performances from the rest of the 4 th Industrial Revolution cast. Here, AI, 5G, blockchain, process automation, autonomous devices (robots, drones and vehicles), and virtual (aka augmented or extended) reality will be taking up the most important roles in 2021.

Towards the digital supply chain

Against this backdrop, transformation is taking place in different ways across different sectors, but emerging common features across industry include digital twinning, the development of secure digital supply chains and effective end to end governance and management of data and algorithms.

By way of example, the Air Transport Industry (‘ ATI ’) has faced unprecedented challenges in 2020, from changing traffic patterns, through space and resource re-utilisation, to the green airport and greener ways to fly.

The ATI depends on a complex supply chain of layered, co-ordinated and structured processes, events and interactions from multiple entities including air traffic control, aircraft (in flight, landing, at stand and take-off), airports (departure and arrival), cargo, passengers and ticket distribution.

All these processes, events and interactions, or rather their digital twins, generate vast amounts of digital data. All the actors in the ATI supply chain are reliant on the availability and accuracy of this data: they all need the right data at the right time to perform their role. Viewed through the lens of data, the ATI supply chain becomes data points, data flows and data sharing based on common architectures, and permissioning within and between entities and ecosystems. Rules can be set through smart contracts, blockchain and standards to determine how these processes, events and interactions take place, and the value of data (as an asset) and its risk (as a liability) as it moves through the system.

Each process, event and interaction in the digital supply chain must comply with applicable legal requirements – as critical infrastructure for example, and for cybersecurity, data protection, specific ATI regulation and data contracting and licensing.

The ATI is just one example of representing an industry through a data-centric lens which IT lawyers will see much more of in 2021.

Tech regulation: intermediary immunities and competition law

To the keywords of scale, pace and depth we might add regulation. With significant legislation in the works in Brussels and London, 2021 will be a seminal year for digital regulation, as well pointing the direction that regulatory divergence will take both between the UK and the EU, and between Europe and the US.

Longstanding intermediary immunities and safe harbours from liability are increasingly under challenge around the world “as governments seek to deputise intermediaries to assist in law enforcement”. [xv] These immunities arise in the EU under the E-Commerce Directive, [xvi] which the EU Commission is proposing to overhaul through the two pillars of its Digital Services Act package. [xvii] The first pillar will set out new rules on responsibilities of digital services providers towards their users, and the second will implement new rules on competition.

For the first pillar, the UK government stated in October 2020 that it had “no current plans to change the UK’s intermediary liability regime or its approach to prohibition on general monitoring requirements”, [xviii] indicating that intermediary liability rules in the UK will diverge over time from those in the EU. On the second pillar, 2021 is scheduled to see UK legislative action around a new regulatory regime for online platforms and digital advertising, with responsibility shared between the new Digital Markets Unit of the Competition and Markets Authority, the Information Commissioner’s Office and Ofcom. [xix]

Regulating the distributed web

A feature of 2021 will be the rise of the distributed web, based on open source frameworks for publishing lightweight, peer to peer applications and decentralised data storage (like Holochain), encrypted identity verification (like Keybase) and third party service integration (like Electron). The distributed web heralds a move away from the centralised platforms of web 2.0 and towards a more user-centric, “self-sovereign” internet. But this new web world – where there’s no “canonical” single version of the truth as the data is stored on each user’s device – may make the role of publishers and app developers more challenging in terms of intermediary liability, where the rules are set to tighten and effective notice and take down may no longer be in their gift. As ever, regulation struggles somewhat to keep up with the tech.

Telecoms regulation: OTT and the EECC

How the tides of tech regulation can catch business unawares is shown by the reach of the new European Electronic Communications Code (‘ EECC ’). [xx] The EECC came into force on 21 December 2020, with the UK deferring certain provisions for a number of months. As part of a series of measures that replaces the 2002 EU telecoms regulatory package, it sets out general authorisation conditions for telecoms services. Under the old rules, [xxi] over the top (‘ OTT ’) services – calls and messages over the internet – were outside the reach of telecoms law as they weren’t considered to be regulated electronic communications services (‘ ECS ’). Brussels changed this in the EECC, where most OTT services now fall inside the definition of ECS and, if public ECS (essentially, where anyone can sign up), are subject to certain rules protecting users that the EECC imposes. However, note that the UK has not yet implemented the EECC fully in relation to OTT.

As public ECS, OTT services will also need to comply with the communications confidentiality, traffic data and location data rules in the (old) ePrivacy Directive (‘ ePD ’), [xxii] which is due to be replaced in the EU by the ePrivacy Regulation (‘ ePR ’) when agreed, likely in 2021. Of course, as the ePR won’t apply in the UK and how the UK will deal with e-Privacy in 2021 isn’t yet clear. The EECC, ePD and ePR rules are separate from the GDPR and other (largely EU-based) laws protecting consumers online, where the rule books are also lengthening.

With added dimension provided by Brexit, it’s a racing certainty that the scale, pace and depth of IT and regulatory change we have seen in 2020 will accelerate as we head into 2021.

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• Law & Technology

About our research

The speed and extent to which new technologies are created, used and embedded in professional and private spheres raise many legal questions.

The fundamental research conducted in the field of 'Law & Technology' focuses on understanding, interpreting and critically evaluating:

• the legal impact of technology and technology-based or technology-facilitated processes and behaviours
• the potential of technology to facilitate or enrich legal processes or procedures

In both strands of research, a human rights-based and interdisciplinary approach is adopted.

Research topics

• Fundamental rights & technology
• Children’s rights in the digital environment
• Data protection, big data, smart devices & Internet of Things/Toys
• Legal & ethical aspects of artificial intelligence, robotics & algorithms
• Consumer rights in the online environment
• Alternative regulatory instruments
• Educational technology
• Health data

Research projects

• EU H2020 ySkills (Youth Skills)
• BOF Startkrediet:  A children’s rights perspective on privacy and data protection in the digital age : a critical and forward-looking analysis of the General Data Protection Regulation and its implementation with respect to children and youth
• FWO:  Minors and online sexual acts: a study of legal qualifications and regulatory approaches from a children's rights perspective

BOF GOA: Algorithmic news selection and personalisation: policy and regulatory option for ensuring news diversity

• BOF BAS: Operationalisation of a case law database: access and anonymization
• China Scholarship Council and BOF : Cross-border data flows between the European Union and China: a comparative analysis of data protection laws and future cooperation
• FWO: Tax audits on big data: exploring the legitimacy and limits in light of the prohibition of fishing expeditions
• Regulating global actors through the use of alternative regulatory instruments: an analysis of the extent to which EU codes of conduct contribute to the fragmentation or harmonisation  of data protection standards
•   Advertising Literacy in a New Media Environment : investigating Minor’s Persuasion Knowledge in Relation to New Advertising Formats (completed)
• BOF: A legal analysis of online intimidation tactics that aim to silence environmental defenders
• FWO SBO: SCAFFOLD ePortfolios to support workplace learning in healthcare education
• FWO: ' Gam(e)(a)ble ' research project on the blurring lines between videogaming and gambling and its impact on young people

FWO: Children’s voice recognition in domestic and educational settings: a children’s right-oriented approach to data protection

• BOF: Children's rights and the monetisation of play in the digital environment
• Ingrida Milkaite :  A children’s rights perspective on privacy and data protection in the digital age : a critical and forward-looking analysis of the General Data Protection Regulation and its implementation with respect to children and youth
• Argyro (Iro) Chatzinikolaou:   Minors and online sexual acts : a study of legal qualifications and regulatory approaches from a children's rights perspective
• Carl Vander Maelen: Don’t count your codes before they hatch : A theoretical and empirical analysis of codes of conduct under the General Data Protection Regulation
• Judith Vermeulen: Algorithmic news selection and personalisation : policy and regulatory option for ensuring news diversity
• Liesa Keunen: Tax audits on big data : exploring the legitimacy and limits in light of the prohibition of fishing expeditions
• Yueming Zhang: The protection of EU consumer data transferred to China : A Comparative Analysis of Data Protection Laws and Future Cooperation
• Valerie Verdoodt: Children’s rights and advertising literacy in the digital era: Towards an empowering regulatory framework for commercial communication.                                   (joint PHD KU Leuven – Ghent University) (completed)
• Pieterjan Declerck :  Gam(e)(a)ble , the blurring lines between gaming and gambling and its impacts on young people
• Lien Stolle : online intimidation tactics used against individuals who speak out or report on environmental issues

Publications

Computer Law

• Basic Introduction to Subject
• Research Guides
• Books, Treatises, and Loose-leaf Services
• Law Reviews, Journals, and Periodicals
• Practice Guides, CLEs, and Other Materials
• Primary Law
• Legal Blogs
• Finding a Topic for a Research Paper
• Ten Search Tips

Books about Scholarly and Academic Writing

• Scholarly Writing for Law Students: Seminar Papers, Law Review Notes, and Law Review Competition Papers by Elizabeth Fajans, Mary R. Falk Call Number: KF250 .F35 2017 5th ed. Two copies available Law Library Books - Second Floor
• Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review by Eugene Volokh Call Number: KF250 .V6 2016 Law Library 2nd Floor Professor Volokh makes excerpts of the third edition of this book available at http://www2.law.ucla.edu/volokh/writing/aextract.pdf

Books/Journals About Computer Law

Computer law titles are available on the second floor at KF390.5 .C6. Brows some of the recent titles in this area for interesting topics.

Intellectual property titles generally are available on the second floor at KF2972-KF2980.

Many law schools today have a law and technology journal; browse the journal collection in the basement to take a look at some recent articles in these journals.

• Berkeley Technology Law Journal Call Number: Journal .B476 Available in print and online
• Computer Law Journal Call Number: Journal .C686 Located in the basement of the law library (arraganed alphabetically).

Resources Generally

A.L.R. - browse the table of contents in some recent volumes. A vailable on the basement level of the Law Library before the U.S. Reports

Westlaw and/or LexisNexis: use these sources to browse the law review databases, or use the law review and journal indices available at the Law Library website.

• Westlaw Westlaw has a practice area devoted to maritime law, with subdirectories for case law, statutes and legislative history, administrative law, directories, and legal texts and periodicals. Consult a recent WESTLAW directory or use the online database finder to locate the materials you need.
• LexisNexis LEXIS includes the ADMRTY library, containing U.S. courts/awards, U.K. courts, U.K. legislation, agency orders, U.S. Code/CFR/Federal Register materials, boat registrations, trade journals, and some law reviews. LEXIS has an exclusive license to materials in American Maritime Cases (coverage back to1923). AMC citations can also be Shepardized on LEXIS.
• Bloomberg BNA Bloomberg's Internet Law Practice Center includes digital access to "Internet Law & Regulation" and a variety of other technology & law resources.

Sources and Techniques for Finding Potential Topic

• Ask an expert - You've probably already had a conversation with Professor Cotropia. Also, if you know lawyers in law firms, goverment agencies, or public interest and advocacy organizations, those lawyers might be able to advise you. 
• Browse general legal news sources like the ones listed below.
• United States Law Week Legal news on all topics from all jurisdictions; available in the Law Library in print on the second floor at KF105 .U55.
• Findlaw's Writ Opinion pieces from regular columnists, most of whom are legal scholars.
• Jurist Forum Another source of opinion pieces from law professors.
• Electronic Commerce and Law Reports Another Bloomberg/BNA newsletter that covers legislative, judicial, news, and other developments.
• Westlaw, LexisNexis, and Bloomberg Law Include databases of recent news and developments that you can use to survey recent federal and state judicial, legislative, and administrative activities. Look for some of their topical highlights and/or current awareness newsletters. Navigate to WestlawNext's "Practical Law" section to find the "Intellectual Property & Technology" section.
• National Law Journal National Law Journal, as part of Law.com, is a legal newspaper which covers judicial, legislative, and administrative developments and regularly provides articles about substantive topics like the Supreme Court Brief. Current issue available in print in the Law Library.
• Virginia Lawyer's Weekly Print legal newspapers which covers judicial, legislative, and administrative developments and regularly provide articles about substantive topics. Also available in print in the Law Library.

Browse general legal blogs

• Justia Blawg Search Use a general blogs search listings such as Justia Blawg Search for a relatively complete listing of legal blogs. Pick an area of law, or look at the "legal theory" or "law professor" categories.
• Jurist's Paper Chase Legal news from the U.S. and other countries
• How Appealing Broad coverage of new developments.
• SCOTUSBlog Supreme Court news with analysis of pending and decided cases.
• Alltop-Top Law News Recent posts from a variety of legal blogs.
• Law Professors Blogs Network of web logs ("blogs") designed from the ground-up to assist law professors in their scholarship and teaching. Might find a substantive area of the law that would be useful.
• Split Circuits (Not updated after 9/20/13) Good source to review issues where the various circuits split in their decisions.
• 2014 ABA Journal Blawg 100 For a listing of the "favorite" legal blogs of experts, see Sarah Mui & Lee Rawles, The Annual Blawg 100 2014, ABA J., Dec. 2014, at 35. Some blogs included are Law Technology Today, Patent Docs, iPhone J.D., Technology & Marketing Law Blog, Trademark & Copyright Law, and Technologist.
• Duke Law - Legal Blogs Links to many listings of legal blogs.
• ABA Blawg Search The ABA provides a list of blawgs searchable by topics like “Cybersecurity” or “Science & Technology law.”
• << Previous: Websites
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• Last Updated: Feb 28, 2022 11:38 AM
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LL.M. in Technology / Information Technology (IT) Law

An LL.M. in Information Technology (IT) or Technology Law can be a great choice for many people, especially those who want to leverage their strong technical skills to open up a new, promising law practice area.

Information Technology—often shortened to just "IT"—is increasingly governed by a range of complex laws and regulations. The rise of the internet and the ubiquity of computers have virtually assured that there are is a lot of work for LL.M. graduates specializing in cyberlaw. Emerging topics like digital currencies such as bitcoin, the rise of 'fake news,' and blockchain mean that lawyers who work in the technology space must keep up-to-date on all the current regulations surrounding IT law. 

Technology-centric LL.M. programs will cover many aspects important to laws in the information age. Required courses might cover topics...

Information Technology—often shortened to just "IT"—is increasingly governed by a range of complex laws and regulations. The rise of the internet and the ubiquity of computers have virtually assured that there are is a lot of work for LL.M. graduates specializing in cyberlaw. Emerging topics like digital currencies such as bitcoin, the rise of 'fake news,' and blockchain mean that lawyers who work in the technology space must keep up-to-date on all the current regulations surrounding IT law. 

Technology-centric LL.M. programs will cover many aspects important to laws in the information age. Required courses might cover topics like the governance of the internet and intellectual property (IP) law, for example. Often, LL.M. students will also have the opportunity to take electives which will allow them to delve into specific areas of cyberlaw and related fields, such as media law, electronic transactions / e-commerce, and trade law, for example.

These IT-oriented LL.M. programs may be offered on a full-time or part-time basis; and some schools may even offer their curriculum in an online degree format. 

Those who graduate with an Information Technology LL.M. program have the opportunity to pursue a range of careers in the space, from working in IP law in a law firm, to startup consulting and even working as part of a technology regulatory organization.

See below for a complete list of law schools offering LL.M. programs in Technology or IT Law.

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Full-Time: Master of Laws LLM, Competition Law LLM, European Law LLM, Intellectual Property & Information Law LLM, International Business Law LLM more…

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Full-Time: Air and Space Law (Advanced LL.M.), International Children’s Rights (Advanced LL.M.), European and International Business Law (Advanced LL.M... more…

Full-Time: General Studies LL.M., Environmental and Energy Law LL.M., National and Global Health Law LL.M., International Business & Economic Law LL.M.... more…

Distance Learning: Executive LL.M. Securities and Financial Regulation, Online Taxation LL.M., Master of Studies in Law (M.S.L.) in Taxation more…

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Full-Time: American Law LL.M., LL.M. in Civil Litigation and Advocacy, LL.M. in Criminal Justice, LL.M. in Cybersecurity & Data Privacy, LL.M. in Enter... more…

Distance Learning: Online Master of Laws (Tax LLM) more…

Full-Time: LL.M., LLCM (Masters in Comparative Law), Master in Law (ML) more…

Part-Time: Artificial Intelligence, Industry, and the Law Certificate Program, Regulatory Analysis and Decision-Making Certificate Program, U.S. Corpor... more…

By Research: SJD Program more…

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Full-Time: Master of Laws (LL.M.), Master of Laws (LL.M.) in International Business Law, LL.M. International Arbitration and Dispute Resolution, LL.M.... more…

Dual Degree: Dual-Degree Master of Laws (LL.M.) / Master in Public Administration (MPA) or Master in Public Policy (MPP), NUS LL.M. (International Arbitr... more…

Full-Time: LL.M. in Law, LL.M. in Commercial Law, LL.M. in Comparative and European Private Law, LL.M. in Corporate Law, LL.M. in Criminal Law and Crim... more…

Distance Learning: LL.M. in Law, LL.M. International Commercial Law and Practice, LL.M. in Information Technology Law, LL.M. in Innovation, Technology and the... more…

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Full-Time: LL.M. (Master of Laws), LL.M. in Art, Business and Law, LL.M. in Banking and Finance Law, LL.M. in Commercial and Corporate Law, LL.M. in Co... more…

Distance Learning: LL.M. in International Dispute Resolution, Postgraduate Diploma in Technology, Media and Telecommunications Law, International Relations MA more…

Dual Degree: Sorbonne Law School - Queen Mary University of London Double LL.M., Dual LL.M. in Commercial Law (London & Singapore), Double Master's Progr... more…

Full-Time: Master of Laws in Energy and Climate Law, Master of Laws in European Law in a Global Context, Master of Laws in Global Criminal Law, Master... more…

Part-Time: Advanced LLM in Energy Law more…

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Distance Learning: LL.M., LL.M. in Banking and Finance Law, LL.M. in Commercial and Corporate Law, LL.M. in Common Law, LL.M. in Comparative and Foreign Law more…

Full-Time: Master of Laws (LL.M.), Two-Year Extended LL.M., Master of Laws in Alternative Dispute Resolution (LL.M. in ADR), Master of Laws (LL.M.) in... more…

Distance Learning: Master of Laws (LL.M.), Online Master of Studies in Law (MSL), Online Certificates in Business Law, Compliance, Entertainment Law & Industry... more…

Full-Time: LL.M. in Banking, Corporate, and Finance Law, LL.M. in Corporate Compliance, LL.M. in Fashion Law, LL.M. in Intellectual Property and Inform... more…

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Full-Time: LL.M. Law - General Legal Studies, LL.M. Law - Commercial Law, LL.M. Law – Employment, Work and Equality, LL.M. Law - Health, Law and Societ... more…

By Research: PhD in Law more…

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LLM in Information Technology Law

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The LLM in Information Technology Law by online learning focuses on the regulatory framework that governs information technology within international, European and domestic settings.

The programme is highly topical, exploring different strategies for regulating information technologies, considering how current strategies have emerged and changed since the early days of the Internet. New developments in technology are a key focus, as these force us to constantly review the very concept of ‘information technology’, how it shapes society and what appropriate regulatory responses look like.

Information technology regulation operates across jurisdictions, and a cross-fertilisation of regulatory responses occurs at the interface between domestic, regional and international law. Our aim is to enable you to understand this cross-fertilisation, to be able to contextualise it and place yourself within it. Given the fast-paced nature of IT law, we aim to give you the skills so that you are able to understand current and historic regulatory approaches, to better engage with emerging and future issues too.

In a constantly evolving programme dynamic, you will encounter a range of topics which will change over time but could include:

• regulatory approaches to information technology
• cloud computing
• information rights
• online privacy
• communications law.

By the end of your studies you should emerge with an understanding of information technology law not just in its legal but also its social, ethical, cultural and commercial contexts.

The University of Edinburgh's academic staff are not only globally recognised experts in their own fields, but equally empathic mentors.

This is an exciting time to study the law and regulation of information technology. Recent years have seen an enormous expansion in e-commerce, and the development of new and increasingly participatory services on the internet, such as social media platforms.

The pace and scale of technological development in recent years has been incredible. Robots, artificial intelligence, virtual realities and neurotechnology are no longer science fiction and, in many parts of the world, technology is completely embedded into everyday life.

The programme is relevant to anyone who has an interest in studying the law of information technology.

Students join us from all round the world bringing invaluable perspectives to the online learning community – not least their professional experience, and knowledge of technologies and business methods. We welcome applications from a variety of professionals including:

• lawyers who want to specialise in IT
• information professionals
• computer scientists
• IT professionals
• professionals working in technology and telecommunications companies
• researchers considering a PhD in this area.

You will benefit from the unique opportunity to engage in an active online learning community, guided by academic lawyers from Edinburgh Law School.

Learning and teaching on the programme is highly interactive, informed by academics’ current research interests. Staff regularly work on different (often multidisciplinary) research projects, publications and speak at international conferences and events. This research culture helps them to keep pace with important changes in IT law, which in turn feeds into the teaching you receive.

As you would expect, the programme will enable you to develop the essential legal skills of analysing texts and statutes, drawing conclusions from current developments, reading cases and being able to consider. Furthermore, as IT lawyers, in addition to legal concerns, we increasingly need to consider the societal, technical and ethical dimensions of computing. Thus, we also need to understand how technology works, the risks it poses to society and how technology itself could even be made differently to address these problems. Accordingly, the programme draws on a range of perspectives and areas of expertise from staff to provide you with the tools needed to understand legal and wider aspects of living in the digital society.

If you have any questions about the LLM in Information Technology Law by online learning please don't hesitate to contact us.

[email protected]

The LLM in Information Technology Law offers an extensive collection of information technology law courses for you to choose from and the option to engage with a range of different subject areas, including commercial law and medical law.

The programme consists of 180 credits, comprising taught courses worth 120 credits (60 credits per semester) and a 10,000 word dissertation worth 60 credits. Full programme details for the 2024-25 academic year are available on the University Degree Programme Tables website.

View the LLM in Information Technology Law Degree Programme Table for 2024-25

Courses shown below are scheduled to run in the 2024-25 academic year. 

You must select between 80 and 120 credits from the following courses:

Information Technology Law (20 credits)

This course introduces students to key issues in the fast-paced area of technology law. We will consider a wide variety of hard regulatory questions posed by impacts of emerging information technologies. These systems are often changing, adapting, and shifting, meaning regulation in this domain does too. This creates a policy and legal landscape that is often in a state of flux but also gives us a wide range of case studies, examples, and legal frameworks to consider in this course.

Forensic Computing and Electronic Evidence (20 credits)

The purpose of the "Forensic Computing and Electronic Evidence" course is to provide an introduction to the practical aspects of forensic computing investigations, and to offer a legal overview of legislation and the main legal issues related to cyber-crime and computer forensics.

EU Data Protection Law (20 credits)

This course will examine the EU data protection regime as set out in the General Data Protection Regulation ((EU) 2016/679) on the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR). It will provide you with an overview of the terminology and underlying principles of data protection and address specific areas and requirements for data controllers and processors that are subject to the new EU regime.

Electronic Commerce Law (20 credits)

This course aims to provide an in-depth look at the legal issues surrounding electronic commerce and European regulation. Throughout the course we will review (a) fundamental issues surrounding eCommerce business, particularly contractual concerns around identification of jurisdiction, the formal validity of electronic transactions, security and authentication, contract formation and electronic payment systems, and online consumer protection issues; (b) digital convergence and content regulation, the impact of online advertising on privacy and governance of search engines; (c) contemporary issues such as cryptocurrencies and the impact of the Digital Services Act.

International and European Law of the Media (20 credits)

This course will examine the impact of International and European law on, firstly, the structure of media markets and, secondly, the content of media services. The course will start with a discussion of the nature of the media, the media 'value chain', and the relationship between media freedom, freedom of expression and other human rights. It will examine the various international organisations competent in the media field and the regulatory strategies that are being adopted to deal with media convergence and globalisation. In relation to structural matters, consideration will be given to consolidation of media ownership and state funding of the media, in particular public service broadcasting. In relation to content controls, the course will examine attempts to create a more equitable flow of media content and concerns over 'media imperialism', the regulatory problems posed by pornography and hate speech and the balance to be struck between freedom of the media and privacy. Students will attain a good understanding of the interplay between domestic and international law in this field, as well as the role of soft law and self or private regulation. They will be encouraged to think about the future role of law and regulation in a rapidly changing media environment.

Space Law and Policy (20 credits)

The course will explore the five main UN treaties relating to space (Outer Space 1967, Rescue Agreement 1968, Liability Convention 1972, Registration Agreement 1975 and Moon Agreement 1979) and their continuing relevance to recent developments in the field of space exploration and use. In addition, specific developments or challenges in regulating space such as the ownership of space resources, space debris and traffic management, human space flight, remote sensing and the weaponisation of space.

Software and the Law (20 credits)

This course will examine how software is generated, protected and commercialised. It will explore the intellectual property protection afforded to software via copyright, patents or trade secrets. It will also explore more complex issues of ownership, such as in the employment context or when AI is used to generate software. The course will explore the requirements imposed on software development with respect to data protection and information security. It will also look at liability issues for software providers and risk assessments and classification of software using AI. Lastly, the course will explore competition law issues relevant to software marketplaces, the definition and compliance with interoperability requirements as well as technical standardisation.

Regulation of autonomous systems: the law of robotics (20 credits)

The course introduces students to the legal and wider regulatory issues raised by the increasing use of automated and autonomous devices in all fields of life. As we increasingly allow machines to make decisions for us, this raises significant problems for our legal concepts of liability, responsibility and legal personhood. Since robots rely on sensors to perform their tasks, they also raise issues of data protection and privacy. The course discusses amongst other applications the regulatory issues of care/companion robots in a medical setting, self-driving cars and the automated city; and military applications such as drones. The course covers both embodied artificial intelligent systems ("robots") and non-embodied devices ("autonomous agents"). Legal ramifications of these technologies are studied also with a view on their political, economic and ethical implications. To address the legal issues raised by robot mobility, special attention will be given to efforts to create an international legal regime or at least to harmonise existing national approaches. In this context, students will be particularly encouraged to contribute their experience with their home jurisdiction to the debate. In addition to gaining a deeper understanding of the specific legal issues that are created by a number of particularly important applications of robotics and autonomous agent technology, students will also acquire a generic understanding of the types of problems that are raised by autonomous technologies for the theory of regulation. They will gain an understanding of the limits of regulation by law and the ability to evaluate comparatively other modes of regulation for a given problem.

Information: Control and Power (20 credits) 

This course will investigate, through a range of legal disciplines and perspectives, the growing focus placed on, and value attached to, information by society, governments, businesses and individuals; concerns as to its control and misuse; and the impact of this on all stakeholder, particularly in the light of the opportunities and challenges of evolving - and converging - technologies. The course will consider legal regimes relating to:

A wide-ranging international approach will be adopted, with contributions sought from students in respect of their own jurisdictions.

• privacy, freedom of information and data protection;
• the extent to which present regulatory, co-regulatory and self-regulatory systems conform to expectations in respect of information privacy and access to information;
• the extent to which basic data, information and content is or should be protected by intellectual property or other information rights, particularly in the light of new means of creating, obtaining, recording, sharing and exploiting that information;
• human rights law and policy, with particular reference to (online) privacy;
• electronic surveillance, access to information and the conflict between freedom of expression and reputation and image rights.

You can choose to study between 0 and 40 credits from the following courses:

• Global Health: Law and Policy (20 credits)
• Mental Health Law (20 credits)
• Ethics of Health Technologies (20 credits)

Please note that Shaping Modern Healthcare and Regulating Health and Social Care Professionals are co-requisite and must both be taken in the semester that they run.

You may study 0 and 20 credits from the following courses:

• International Commercial Arbitration (20 credits)
• Dispute Resolution Methods (20 credits)
• Corporate Compliance: Case Studies in Law & Ethics (20 credits)
• Comparative & International Corporate Governance (20 credits)
• International Law, Human Rights & Corporate Accountability (20 credits)
• The Fundamentals of Law and Medical Ethics (20 credits)
• Fundamentals in Bioethics (20 credits)
• Law and Ethics at the Start and End of Life (20 credits)
• Banking and Financial Law: Case Studies (20 credits)
• Introduction to Intellectual Property Law (20 credits)

Please note that a course from this group can only be taken with the approval of your Programme Director.

Having successfully completed 120 credit points of courses within the LLM, you will be ready to move onto a single piece of independent and in-depth research. The 10,000 word dissertation allows you to focus on a preferred topic from within the options available in the programme.

Your dissertation title will be agreed with your supervisor during your final semester of taught study. Dissertation topics must fall within the scope of your programme and will relate to specific courses that you have taken at Edinburgh. Supervision continues throughout the research and writing of the dissertation.

Your dissertation must demonstrate a comprehensive grasp of the relevant literature and an ability to engage in critical analysis. More credit will be given for originality and evidence of independent thinking, whether in terms of the material used or the manner in which it is presented.

The dissertation is written in the summer months (April to August) after the taught courses are successfully completed.

Courses are offered once in an academic year. Each semester you will choose the course(s) you wish to study in that particular semester. Courses are then allocated. Details of the courses available will be provided in advance.  Courses are then allocated.

The allocation process is intended to support student choices as much as possible, while taking account of optimum class sizes for specific courses.

Class sizes

Class sizes have typically ranged from 15 to 25 students in the past. If more students request a course than can be allocated, students who need to take the course in order to fulfil core programme requirements will have priority and others may be asked to defer that course choice to a later year of study.

Terms and conditions

Please note the University reserves the right to make variations to the contents of programmes, including the range of courses offered, and the available choice of courses in any given year may change.

Find out more about the University's terms and conditions

Please note that due to unforeseen circumstances or lack of demand for particular courses, we may not be able to run all courses as advertised come the start of the academic year.

Staff teaching on the core courses for the LLM in Information Technology Law for 2024-25 are experts in their field and are actively involved in cutting-edge research in various legal fields including media law, regulation of new technologies and IT law.

Mr Nicolas Jondet - Programme Director 2024-25

Nicolas Jondet is a teaching fellow in Information Technology law. He holds law degrees from the University of Edinburgh (LLM) and the Paris-Saclay University (Honors) as well as a degree in legal translation from ISIT Paris (Honors). Nicolas is a legal academic with a keen interest in the legal regulation of technology and innovation, including various aspects of IP law and IT law.  His main research is focussed on digital copyright, drawing upon international, European and comparative legal materials. Current research projects include the applicability of blockchain technology to copyright protected works and the interaction between data mining and copyright.  Nicolas teaches across a range of IT and IP law subjects, including, at present, courses relating to data protection, privacy and surveillance.

Find out more

Burkhard is Professor of Computational Legal Theory and Director of the SCRIPT Centre for IT and IP law. His main field of interest is the interaction between law, science and computer technology, especially computer linguistics. How can law, understood as a system, communicate with systems external to it, be it the law of other countries (comparative law and its methodology) or science (evidence, proof and trial process). He is currently working mainly on issues such as privacy compliant software architecture and more generally the scope and limits of representing legal concepts directly in the internet infrastructure.

Burkhard will be on sabbatical in semester 2 of the 2022-23 academic year.

Paolo Cavaliere joined the Law School from September 2014 as a lecturer in Digital Media and IT Law. Prior to joining the School, Paolo has been a researcher at the Programme in Comparative Media Law and Policies of the Centre for Socio-Legal Studies of the University of Oxford where he has also helped to coordinate the Monroe Price Media Law Moot Court Competition. His main interests in research include the discipline of pluralism and diversity in the media, e-democracy and the relationship between new media and politics, regulation of audiovisual industries and digital media. He has written about different aspects of Media law, including “mediacracy” and the democratic deficit of the EU; media pluralism in the European sphere; digital technologies and the political debate in the public sphere.

Lachlan is a Lecturer in Technology Law at the University of Edinburgh. He is also a visiting researcher at the Horizon Digital Economy Research Institute, where he was a Research Fellow in Information Technology Law from 2016-2018.

Lachlan's primarily works at the boundaries of computer science (human-computer interaction), information technology law (mainly privacy and information security), and computer ethics. He focusses extensively on the technical, socio-legal, sociological, and ethical implications of living with interactive computing (e.g. Ubicomp/Internet of Things, robotics, smart homes & cities, social media etc.).

Judith Rauhofer is a Lecturer in IT Law and an Associate Director of the Centre for Studies of Intellectual Property and Technology Law (SCRIPT). Her research interests include the commercial and fundamental rights aspects of online privacy and electronic surveillance, data protection, information security and all areas of e-commerce and internet law and policy. Judith is particularly interested in exploring the tensions between privacy as an individual right and as a common good.

Jane Cornwell joined the University of Edinburgh as a lecturer in intellectual property law in October 2010. After graduating from the University of Cambridge, she qualified and practised as a solicitor in the intellectual property team at Linklaters LLP in London. Thereafter she spent several years practising at McGrigors LLP in Scotland, latterly as Director in the Edinburgh litigation team specialising in contentious intellectual property.

Jane's expertise covers a wide range of IP rights. Her particular interests include trade marks, design law and IP remedies, with a particular focus of the impact of European harmonisation in these fields, including trade marks, designs, patents and breach of confidence. Her present teaching and research interests focus on trade marks, designs and enforcement of IP rights, among other topics. 

Rachael Craufurd Smith is a Reader in EC Law specialising in media, the regulation of culture and European Union law. In 2003/4 she was a Jean Monnet Fellow at the European University Institute, Florence. She is a qualified solicitor and has worked both in the International and Policy and Planning Departments of the BBC, focusing on the impact of European Community Law on the public broadcasting sector. Rachael also worked as a trainee in the Internal Market DG of the European Commission and was a Fellow for a number of years at Trinity, Corpus Christi and St. John's Colleges and a University Lecturer at the University of Oxford.

The staff teaching on this programme are subject to change for 2024-25. Staff listed as on sabbatical will not be available to teach for the duration of their sabbatical.

Find out what it's like to study for an LLM in Information Technology Law by online learning from our current and former students.

Lukasz, Poland

Lukasz studied the LLM in Information Technology by online learning part-time over two years graduating in 2023.

"For starters, the LLM aligned with my prior work. I have a PhD in Computer Science, done in the field of privacy. Unquestionably, this field often intersects with social and political dimensions. As a result, I've consistently found myself engaged with technology policy in one capacity or another.

I studied some advanced topics in Data Protection Law, European Competition Law, Information Technology Law. But also, Space Law and Policy, which provided a very interesting background and context of international law. And even international humanitarian law, with which I was very familiar due to my prior work at the International Committee of the Red Cross. Some of the content during courses sometimes slightly overlapped, like issues data protection. But perhaps so is the current Zeitgeist and the needs of our times.

I highly endorse this program, although I add a word of caution. The coursework can be exceptionally time-intensive, frequently involving hundreds of pages to digest each week. The reading material varies in significance, with some necessitating in-depth study and others lending themselves to a more cursory review. Engaging with this program demands strong motivation and a capacity for independent work.

My main motivation was to gain a deeper understanding of the legal aspects of technologies (i.e. data protection), enabling me to navigate the increasingly intricate landscape with confidence. These studies have greatly enhanced my knowledge, skills, and abilities. I can now speak with even greater confidence in the fields of technology policy and law. The LLM has broadened my skillset, capabilities, and future opportunities for engagement."

Jelena studied the online LLM in Information Technology Law, graduating in 2021.

"Hello World! My name is Jelena, and I come from Belgium though I am originally Serbian. I come from an engineering background and studied computer science, majoring in telecommunications. Throughout my professional career as a network engineer, I was exposed to the fascinating but challenging world of privacy and data protection, which made me aspire to privacy engineering.

After acquiring several industry certifications, I felt the need for more knowledge to effectively bridge the gap between the engineering and legal fields (becoming fluent in both l33t and legalese).

An LLM sounded like a good idea, however not many universities offer LLM programs to non-legal professionals let alone by online learning as I wanted to continue working full time. The University of Edinburgh came top of my list as it has postgraduate legal studies which are research driven and intentionally designed for people with diverse backgrounds. This has been one of the things I came to value the most - assessing a problem from different angles and reaching a multifaceted solution with the help of my diversely-skilled classmates from all over the world. Another thing I valued was definitely learning from renowned professors, who are not only globally recognised experts in their own fields but equally empathetic mentors.

Towards the end of my second semester, I was appointed EMEAR Privacy Officer for one of the world's leading IT companies, a great new opportunity which would not have been possible without my LLM journey.

Studying, working, parenting and partnering were all achievable during global pandemic, because I felt so passionate about topics we engaged with and because I received fantastic support from the University, my fellow students and my family. In strict confidence, I went through an identity crisis more than once during my studies, questioning my purpose and what I wanted to do next. This was, however, a good thing as I felt more alive than ever.

Technological responses to societal problems and the prevalent role technology plays in our collective future demands more scrutiny from digital rights perspective. Society needs more people with diverse educational backgrounds who understand the intricacies of this relationship, the impact of the digital divide and who are able to design human rights into the fabric of technological development challenging the power asymmetries. If this sounds like something you are passionate about, the University of Edinburgh is your new home. Welcome to the family!

Tina studied for an LLM in Information Technology by online learning at Edinburgh Law School, graduating in 2019. She also won the best dissertation by an online learning student. In this video she talks about her experience of studying for an LLM online at Edinburgh Law School.

Eni, an IT professional, studied for an LLM in Information Technology Law online at Edinburgh Law School, graduating in 2019. In this video Eni talks about her experience of studying the LLM online at Edinburgh Law School.

Meltini studied for an LLM in Information Technology Law at Edinburgh Law School, graduating in 2017. Here she talks about studying online while living in Greece and enhancing her experience for her career in information technology law.

David Foster talks about his experience of studying for an LLM in Information Technology Law by online distance learning at Edinburgh Law School, the University of Edinburgh.

The LLM in Information Technology Law by online learning has start dates in September and January of each academic year. We recommend that you apply as early as possible; this is particularly important for applicants who may need to allow sufficient time to take an English language test.

We require a minimum UK 2:1 honours degree, or its international equivalent. Your degree does not have to be in the subject of law, but it must be from a recognised higher education institution. We will also consider your other qualifications and professional experience as part of your application.

Entry to this programme is competitive. Meeting minimum requirements for consideration does not guarantee an offer of study.

International qualifications

You can check whether your degree qualification is equivalent to the minimum standard before applying.

Check your degree

Students from China

This degree is Band A.

Find out more about our postgraduate entry requirements for students from China

Postgraduate study in the field of law requires a thorough, complex and demanding knowledge of English, so we ask that the communication skills of all students are at the same minimum standard.

You must demonstrate a level of English language competency at a level that will enable you to succeed in your studies, regardless of your nationality or country of residence.

English language tests

We accept the following English language qualifications at the grades specified:

Two year expiry

• IELTS Academic / IELTS Academic for UKVI and IELTS Academic Online : total 7.0 (at least 7.0 in the writing component and 6.5 in each other module)
• TOEFL-iBT (including Special Home Edition): total 100 (at least 25 in writing and 23 in each other module)
• Trinity ISE: ISE III with a pass in all four components
• PTE Academic: 70 overall with at least 70 in the writing component and 62 in each other component *Please note that we have suspended acceptance of PTE Academic Online with immediate effect*
• Oxford ELLT (Global and Digital): 8 overall with at least 8 in the writing component and 7 in each other component

Three and a half year expiry

• C1 Advanced, formerly known as Cambridge English: Advanced (CAE)
• C2 Proficiency, formerly known as Cambridge English: Proficiency (CPE)

Your English language qualification must be no more than two years old from the start of the month in which the programme you are applying to study begins, unless you are using CAE/CPE, in which case it must be no more than three and a half years old on the first of the month in which the degree begins.

Degrees taught and assessed in English

We also accept an undergraduate or postgraduate degree, that was taught and assessed in English in a majority English speaking country as defined by UK Visas and Immigration (UKVI). The UK Government's website provides a list of majority English speaking countries.

View the UKVI list of majority English speaking countries

We also accept an undergraduate or postgraduate degree, or equivalent, that has been taught and assessed in English from a university on our list of approved universities in non-majority English speaking countries.

If you are not a national of a majority English speaking country, then your degree must be no more than five years old at the beginning of your programme of study.

Find out more about the University's English language requirements

Your application may not be successful if you do not currently satisfy any of these requirements; alternatively, you may be offered a place conditional on your reaching the satisfactory standard by the time you start the degree.

English language support

The University runs a series of programmes for English Language Education, including a pre-sessional English Language Programme intended to strengthen your English Language skills before you start your programme of study.

Find out more about English language support offered by the University

We aim to review applications and make selection decisions throughout the cycle and we monitor application numbers carefully to ensure we are able to accommodate all those who receive offers. It may therefore be necessary to close a programme earlier than the published deadline and if this is the case we will place a four-week warning notice on the relevant programme page.

2024-25 application deadlines

September 2024 entry

Applications for September 2024 have now closed. Applications for September 2025 will open in October 2024. 

Please note that if you receive a conditional offer of a place on one of our programmes for September 2024, the deadline for meeting the conditions of your offer is 31 July 2024.

January 2025 entry

The deadline for applications for entry in January 2025 is 03 November 2024.

Please note that if you receive a conditional offer of a place on one of our programmes for January 2025, the deadline for meeting the conditions of your offer is 27 November 2024.

Applications are made online via the University Application Service, EUCLID.

Please follow the instructions carefully and make sure that you have included the following documentation with your application:

• Degree certificates showing award of degree.
• Previous academic transcripts for all past degree programmes (please upload the full transcript showing results from all years of study). Where academic paperwork is not in English, certified translations must be provided (these must have been produced by a certified translator); Find out more about certified translations
• Details of professional qualifications and any appropriate professional registrations.
• A reference in support or your application. The reference should be academic and dated no earlier than one year from the start of study on the LLM programme. We may accept a non-academic reference from applicants who have been out of higher education for five years or more.
• Evidence of English language proficiency, if required.
• Personal statement - you will be asked to complete a personal statement (maximum 3500 characters - approximately 500 words) as part of your application. 
• Relevant knowledge / skills - this may include details of any skills or voluntary work that you have undertaken that you feel are pertinent to the programme (maximum 3500 characters - approximately 500 words).

Your personal statement should show that you have thought carefully about why you are interested in this programme of study; what you can bring to the programme and what impact you feel it will have on your future career. Therefore, please ensure that you address the following questions in your statement:

• What are your motivations for wanting to study this programme?
• What skills, qualities and experiences have prepared you to undertake this programme?
• What value do you think you can add to the learning community as part of an internationally diverse group?
• What impact do you hope to make in your future career, and how will this programme contribute to your aspirations?

If you are currently studying for your degree or you are not in a possession of an English test result you may still apply to the programme. Please note that it is your responsibility to submit the necessary documents.

Students at this University must not undertake any other concurrent credit bearing studies in this (or in any other) institution, unless the College has granted permission. The College must be satisfied that any additional credit-bearing studies will not restrict the student’s ability to complete their existing programme of study. Students will not be permitted to undertake concurrent degree programmes in any circumstances.

If you are studying at this or another institution just prior to the start of your postgraduate studies you must have finished these studies before the start of the programme to which you have an offer.

After your application has been submitted you will be able to track its progress through the University's applicant hub.

Application processing times will vary however the admissions team will endeavour to process your application within four to six weeks of submission. Please note that missing documentation will delay the application process.

You will be informed as soon as possible of the decision taken. Three outcomes are possible:

• You may be offered a place unconditionally
• You may be offered a conditional place, which means that you must fulfil certain conditions that will be specified in the offer letter. Where a conditional offer is made, it is your responsibility to inform the College Postgraduate Office when you have fulfilled the requirements set out.
• Your application may be unsuccessful. If your application has not been successful, you can request feedback from us or refer to our guidance for unsuccessful applicants, which explains some of the common reasons we why we reach this decision. View the University's guidance for unsuccessful applicants

You can find full and detailed application guidance on the University's website.

Find out more about applying to the University of Edinburgh

Applicants receiving an unconditional offer of admission to the LLM in Information Technology Law will be asked to pay a deposit of £1000 to secure their place on the programme

The deposit fee will be deducted from the first tuition fee instalment you have to pay and so enables you to spread the financial cost of the LLM.

September 2024 applicants

The deposit must be paid within 28 days of the date that the unconditional offer was made or by 09 August 2024, whichever is sooner.  

January 2025 applicants

The deposit must be paid within 28 days of the date that the unconditional offer was made or by 04 December 2024, whichever is sooner.  

Find out more about our deposit policy

The University’s terms and conditions form part of your contract with the University, and you should read them, and our data protection policy, carefully before applying.

University of Edinburgh admissions terms and conditions

If you have any questions about applying to the LLM in Information Technology Law please don't hesitate to contact us.

Key information

Online programmes.

IT and Media Law

SCRIPT Centre website

SCRIPTed - A Journal of Law, Technology & Society

International Internet Law

• Traditional Sources of International Law

Commercial Law on the Internet

Intellectual property, human rights and free speech.

• Current Awareness
• Additional Resources

Privacy is an increasingly important issue on the internet. Questions concerning anonymity on social networks have taken a back seat to concerns of whether private information stored in secured databases is really private. Scandals such as  Wikileaks  and the  Panama Papers  are becoming more common. As companies store information all over the world, information often travels through many jurisdictions before reaching an end user. Whose responsibility is it to monitor this traffic? Governments are putting pressure on ISPs to police the data that travels along their networks while ISPs and privacy organizations are pushing back. These are but some of the topics that international internet privacy legislation is attempting to regulate.

General Data Protection Regulation  replacing  EC No. 95/46 Directive on Data Protection  in 2016

OECD Transborder Flow of Data (1980)

European Convention on Human Rights (ECHR)

Notable Cases

Case C‑131/12 Right to Be Forgotten

Pro tip: securely browsing the internet and protecting your data is becoming more difficult as websites track our movements across the web via cookies, http referrers, and agents. You can arrest some of this tracking by using extensions like  HTTPS Everywhere ,  Privacy Badger , and  Disconnect . Even better, you can use a high quality VPN. If you think Google knows enough about you, you can use privacy oriented search engines like  Duck Duck Go .

Center for Democracy & Technology

BNA's Privacy Law Watch

Thomson Reuters Intellectual Property and Global Guides

Privacy Exchange -  Not Current (Last news post: 2004)

This important aspect of the international internet law may be the most sparse. Countries are hesitant to define criminal activities on the web in part because it is still unclear what a cybercrime is, but also in part because states cannot agree on uniform traditional crimes. This uncertainty means there are very few internet wide treaties addressing cybercrimes or procedural aspects of policing cybercrime.

The issue of how to define a cybercrime is complicated by the variations of the form of the crime and who the intended target is. The term "cybercrime" may be broad enough to encompass sub-crimes of personal cybercrime (crimes committed against a person), cyber terrorism (crimes committed against a state), and cyberwar (an attack by a nation-state against another nation-state for the purpose of causing disruption or damage). However, other proposed definitions to "cybercrime" state that it is a crime against computers and networks alone. This portion of the research guide will take the stance that most attacks on the internet are cybercrimes and list sources that may include personal attacks as well as attacks on nation-states.

For research purposes, try to maintain and follow one meaning of cybercrime. The lines can often be blurry as scholars and legislators use the term in many ways.

Convention on Cybercrime

• enact legislation criminalizing certain conduct related to computer systems;
• create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms; and,
• create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the Convention

NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE)

United Nations Office for Disarmament Affairs (UNODA)

Community Framework for Electronic Signatures 1999/93/EC

United Nations Convention on the Use of Electronic Communications in International Contracts

OECD Committee on Consumer Policy (CCP)

Bloomberg’s Electronic Commerce & Law Report

ICC Commission on the Digital Economy

Berne Convention for the Protection of Literary and Artistic Works

Uniform Domain Name Resolution Policy

Madrid Agreement  and  Protocol

Universal Music Australia v. Sharman License Holdings

Vereniging Buma and Stichting Stemra v. Kazaa B.V.

World Intellectual Property Organization (WIPO)

Electronic Information System for International Law (EISIL)

Under Article 19 of the  Universal Declaration of Human Rights , everyone has the right to "receive and impart information and ideas through any media and regardless of frontiers." The internet is a newer media that promotes freedom of information and expression of free speech. The idea that the internet is a fundamental human right is only beginning to be developed.

International Covenant on Civil and Political Rights

• Article 17 mandates the right of privacy.
• Article 19 mandates freedom of expression.

Universal Declaration of Human Rights

One of the more notable instances of this discussion was the debate over  LOI n° 2009-1311 du 28 Octobre 2009 relative à la protection pénale de la propriété littéraire et artistique sur internet . Commonly referred to as the HADOPI law, the most controversial of the many deterrents to prevent the illegally sharing copyrighted material, was the suspension of internet services. This part was revoked in on 8 July 2013 by the French Government because that  penalty was considered to be disproportionate and a breach of fundamental civil rights .

• the auctions of Nazi memorabilia were open to bidders from any country, including France;
• the display of such objects, and the viewing of such objects in France, caused a public nuisance and was forbidden under French criminal law;
• Yahoo! Inc. was aware that French residents used its auction site, as it displayed French-language advertisements on its pages when they were accessed from computers in France.

Council of Europe's Human Rights for Internet Users

Open Net Initiative

Privacy and Human Rights

Human Rights Research Guide

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• Last Updated: Sep 12, 2022 10:34 AM
• URL: https://guides.law.columbia.edu/c.php?g=1135532

• Message from the Chair
• New Opportunities at the Intersection of Graphics, Vision, & HCI
• Reflections on Disinformation, Democracy, and Free Expression
• Tech / Law Colloquium
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• Stop Predicting? Machine Learning and Measurement
• Towards a Theory of Proxies (for Race)
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Information ethics, law, and policy.

This concentration provides training and insight into the ethical, legal, and policy dimensions of contemporary information technology.

This concentration provides training and insight into the ethical, legal, and policy dimensions of contemporary information technology. Building on research and contemporary debates in law, policy and the social sciences, Ethics, Law and Policy (ELP) students learn about key processes and institutions shaping the technology landscape, and how these institutions are changing in turn to accommodate emerging technologies and practices. 

Some faculty members whose research is related to this concentration include: Solon Barocas ; Tarleton Gillespie ,  Steve Jackson ;  Karen Levy ;  Helen Nissenbaum , and Phoebe Sengers .

Career Paths

• Professional careers in law, management, and policy;
• Graduate work in policy-related fields (law, management, policy, etc.)
• IS students of all types seeking a better understanding the ethical, legal and policy dimensions of their work.

Information Ethics, Law, and Policy Courses

Please reference the Cornell Class Roster for details on the below courses.

A. Frameworks and Institutions

• INFO 4113: Technology and Law Colloquium
• INFO 4200: Information Policy: Applied Research and Analysis
• INFO 4250: Surveillance and Privacy
• INFO 4301: Ethics in New Media, Technology, and Communication
• INFO 4940: Special Topics - U.S. Copyright Law
• INFO 4940: Special Topics - Law, Policy, and Politics of Cybersecurity
• INFO 4940: Special Topics - Law, Policy, and Politics of Artificial Intelligence (AI)
• HADM 4890: The Law of the Internet and E-Commerce
• PUBPOL 3460: Culture, Law, and Politics of Information Policy
• STS 2761: Governing Everyday Life

B. Methods and Analysis

• INFO 2921: Inventing an Information Society
• INFO 4240: Designing Technology for Social Impact
• INFO 4800: Behavioral Science Interventions
• ​INFO 4940: Special Topics - Good Tech and Bad Tech
• INFO 4940: Special Topics - Technology and Social Change Practicum
• INFO 4940: Special Topics - Clockwork: Infrastructure, Work, and Time
• COMM 4242: The Design & Governance of Field Experiments
• CRP 3210: Introduction to Quantitative Methods for the Analysis of Public Policy
• PUBPOL 2300 (previously PAM 2300): Introduction to Policy Analysis

C. Cases/Topics

• INFO 3200: Technology, Behavior, and Society (previously New Media and Society)
• INFO 3460: Crowds, Communities, and Technology
• INFO 3561: Computing Cultures
• INFO 4145: Privacy and Security in the Data Economy
• INFO 4260: Computing on Earth: Planetary Dimensions and Consequence of Computing
• ​INFO 4270: Ethics and Policy in Data Science
• ​INFO 4390: Practical Principles for Designing Fair Algorithms
• ​ INFO 4561: Stars, Scores, and Rankings: Evaluation and Society
• INFO 4940: Special Topics - Knowledge Infrastructures
• COMM 4940: Special Topics - Human-Algorithm Behavior
• STS 3440: The Data Science & Society Lab
• STS 4040: Due Process Clinic

D. Tools and Technical Domains

• INFO 3300: Visual Data Analytics for the Web (previously Data-Driven Web Applications)
• INFO 3350: Text Mining History and Literature
• INFO 3370: Studying Social Inequality Using Data Science
• INFO 4100: Learning Analytics
• INFO 4120: Ubiquitous Computing
• ​ INFO 4300: Language and Information
• INFO 4350: Conversations and Information

Law Thesis Topics

This page provides a comprehensive list of law thesis topics , designed to assist students in navigating the broad and intricate field of legal studies. Choosing the right thesis topic is crucial for every law student, as it not only contributes to their academic success but also helps in shaping their future career paths. The list encompasses a wide range of specialized areas within the law, including but not limited to administrative law, corporate law, criminal justice, and human rights law. Each category is rich with potential research questions that reflect current challenges and emerging trends in the legal landscape. This resource aims to inspire and support students by providing them with a vast array of topics, thereby facilitating an informed and focused approach to their thesis writing endeavors.

1000 Law Thesis Topics and Ideas

Academic Writing, Editing, Proofreading, And Problem Solving Services

Get 10% off with 24start discount code, browse law thesis topics:, administrative law thesis topics, banking and finance law thesis topics, commercial law thesis topics, competition law thesis topics, constitutional law thesis topics, contract law thesis topics, corporate law thesis topics, criminal law thesis topics, cyber law thesis topics, environmental law thesis topics, european union law thesis topics, family law thesis topics, health law thesis topics, human rights law thesis topics, immigration law thesis topics, intellectual property law thesis topics, international law thesis topics, labor law thesis topics, legal ethics thesis topics, maritime law thesis topics, media law thesis topics, property law thesis topics, public international law thesis topics, sports law thesis topics, tax law thesis topics.

• The impact of administrative reforms on government efficiency in the 21st century.
• Examining the role of public consultation in administrative decision-making processes.
• The effectiveness of ombudsman institutions in resolving public grievances: A comparative study.
• Legal challenges in implementing electronic governance and digitalization of administrative services.
• The influence of political change on administrative law reforms.
• Judicial review of administrative actions: Balancing government discretion and citizen rights.
• The evolution of administrative law under the pressure of emergency health responses (e.g., COVID-19).
• Privacy rights versus state security: Where should the line be drawn in administrative policies?
• The role of administrative law in combating climate change: Case studies from around the world.
• The effectiveness of administrative penalties in regulating corporate behavior.
• Transparency and accountability in public procurement processes.
• Comparative analysis of administrative law systems in federal and unitary states.
• The role of administrative law in shaping public health policies.
• Administrative law and its impact on minority rights protections.
• The challenge of maintaining administrative justice in times of political instability.
• Legal mechanisms for citizen participation in the administrative rule-making process.
• The future of administrative litigation: Trends and predictions.
• Impact of international law on national administrative law procedures.
• Administrative law’s response to socio-economic disparities.
• The use of artificial intelligence in administrative decision-making: Legal and ethical implications.
• Balancing efficiency and fairness in administrative adjudication.
• The role of administrative agencies in environmental conservation.
• Regulatory challenges in the administration of emerging technologies.
• The impact of globalization on national administrative law practices.
• Administrative law as a tool for social reform.
• Corruption and administrative law: Safeguards and pitfalls.
• Administrative discretion and its limits in democratic societies.
• The intersection of administrative law and human rights.
• The administrative burden of tax law enforcement and compliance.
• Public access to information: Evaluating legal frameworks in different jurisdictions.
• The role of whistleblowers in the administrative state: Protection versus persecution.
• Outsourcing government services: Legal ramifications and oversight.
• Legal standards for emergency powers of administrative agencies.
• Administrative law and the management of public lands.
• Challenges in regulatory enforcement against multinational corporations.
• The impact of administrative decisions on small businesses.
• Legal remedies for administrative injustices: Are they sufficient?
• The influence of lobbying on administrative rule-making.
• The role of the judiciary in shaping administrative law.
• The future of public administration: Predicting changes in law and policy.
• The legal implications of blockchain technology in banking and finance.
• An analysis of regulatory approaches to cryptocurrency in major global economies.
• The role of law in preventing financial crises: Lessons learned from past financial collapses.
• Legal challenges in implementing digital currencies by central banks.
• Consumer protection in online banking: Evaluating current legal frameworks.
• The impact of Brexit on the banking and finance laws in the UK and EU.
• Regulatory responses to financial innovation: Balancing innovation and consumer protection.
• Legal strategies for combating money laundering in the international banking sector.
• The influence of international sanctions on banking and financial transactions.
• Legal issues surrounding the securitization of assets.
• The role of legal frameworks in fostering sustainable banking practices.
• The enforcement of banking regulations against systemic risk.
• Legal aspects of banking insolvencies and their impact on the global economy.
• The evolution of consumer credit laws and their impact on the banking industry.
• The effectiveness of anti-corruption regulations in the banking sector.
• Legal considerations in the management of cross-border banking operations.
• The regulation of shadow banking systems and their legal implications.
• Legal challenges faced by fintech companies in the banking sector.
• The role of law in addressing disparities in access to banking services.
• Legal frameworks for banking privacy and data protection in the age of digital banking.
• The impact of artificial intelligence on regulatory compliance in banking.
• Legal aspects of risk management in banking: Current practices and future directions.
• The legalities of banking for high-risk clients: Balancing business and regulatory requirements.
• The enforcement of Basel III standards in developing countries.
• Legal issues related to bank mergers and acquisitions.
• The regulation of international investment and its impact on banking laws.
• Legal challenges in microfinancing: Protecting both lenders and borrowers.
• The implications of non-performing loans on banking law and policy.
• Banking dispute resolution: The effectiveness of arbitration and mediation.
• The legal framework for Islamic banking and finance: Comparison with Western banking laws.
• The role of the judiciary in shaping banking laws and practices.
• The future of banking regulation: Predicting changes post-global pandemic.
• Legal frameworks governing venture capital and its role in economic development.
• Regulatory challenges in mobile and electronic payment systems.
• The impact of interest rate regulations on banking profitability and lending practices.
• Legal approaches to combat insider trading in the banking sector.
• The role of legal systems in shaping corporate governance in banks.
• Legal provisions for the protection of minority shareholders in banks.
• Regulatory frameworks for derivatives: Balancing risk and innovation.
• The role of international law in governing global banking practices.
• The impact of global trade agreements on domestic commercial laws.
• Legal challenges in e-commerce: Consumer rights and seller responsibilities.
• The enforcement of international commercial contracts: Comparative legal analysis.
• Intellectual property rights in the digital age: Protecting innovations while fostering competition.
• Legal frameworks for cross-border e-commerce transactions.
• The role of commercial law in supporting small and medium enterprises (SMEs).
• Arbitration vs. court litigation: Choosing the right path for commercial disputes.
• The evolution of commercial law with the rise of artificial intelligence and robotics.
• Legal strategies for protecting brand identity and trademarks internationally.
• The impact of anti-monopoly laws on corporate mergers and acquisitions.
• Legal aspects of supply chain management and logistics.
• The enforcement of non-disclosure agreements in international business deals.
• Consumer protection laws in the context of misleading advertising and sales practices.
• The role of commercial law in regulating online payment systems.
• Contract law for the modern entrepreneur: Navigating contracts in a digital world.
• The influence of cultural differences on international commercial negotiations and laws.
• Legal challenges in franchising: Protecting franchisors and franchisees.
• Commercial leasing disputes and the law: Trends and resolutions.
• Corporate social responsibility and commercial law: Legal obligations and implications.
• Legal implications of Brexit for European trade and commercial law.
• Regulation of commercial drones: Privacy, safety, and commercial uses.
• Legal issues surrounding the gig economy and contract employment.
• Protecting consumer data in commercial transactions: Legal obligations and challenges.
• Legal aspects of marketing and advertising in digital media.
• Impact of environmental laws on commercial practices: From compliance to competitive advantage.
• Legal remedies in commercial law: Exploring efficient dispute resolution mechanisms.
• Insolvency and bankruptcy: Legal strategies for rescuing troubled businesses.
• The legal consequences of business espionage: Protecting commercial interests.
• The role of trademarks in building and maintaining brand value.
• Corporate governance in the modern corporation: Legal frameworks and challenges.
• Comparative analysis of commercial guaranties across different legal systems.
• Legal issues in the export and import of goods: Navigating international regulations.
• The regulation of commercial insurance: Balancing stakeholder interests.
• Legal challenges in real estate development and commercial property investments.
• Impact of digital currencies on commercial transactions.
• International taxation and its impact on multinational commercial operations.
• The regulation of unfair competition in a globalized market.
• Legal strategies for managing commercial risks in unstable economies.
• The role of law in innovative financing methods like crowdfunding and peer-to-peer lending.
• Contractual liability and risk management in international commercial projects.
• The impact of digital market platforms on traditional competition law frameworks.
• Analyzing the effectiveness of antitrust laws against tech giants in the digital economy.
• Comparative analysis of competition law enforcement in the US and EU.
• The role of competition law in regulating mergers and acquisitions in the healthcare sector.
• Challenges in applying competition law to free-of-charge services on the internet.
• Legal strategies for combating price fixing in international markets.
• The impact of Brexit on competition law and policy in the UK.
• Competition law and its role in managing market dominance by multinational corporations.
• Evaluating the need for reform in competition law to adapt to global economic changes.
• The enforcement of competition law against patent abuse and anti-competitive practices in the pharmaceutical industry.
• The role of competition authorities in promoting innovation through enforcement policies.
• Analyzing the intersection of competition law and consumer protection.
• The effectiveness of leniency programs in uncovering and deterring cartel activity.
• Impact of competition law on small and medium-sized enterprises: Protection or hindrance?
• The influence of artificial intelligence on competitive practices and regulatory responses.
• The role of economic evidence in competition law litigation.
• Globalization and its effects on national competition law policies.
• The challenges of enforcing competition law in digital advertising markets.
• Network effects and lock-in as challenges for competition law in the IT industry.
• Legal remedies for anti-competitive practices in the energy sector.
• The dynamics of competition law in developing economies: Case studies from Africa, Asia, and Latin America.
• The implications of cross-border competition law enforcement in multinational operations.
• Consumer welfare and the debate over the goals of competition law.
• The regulation of joint ventures under competition law: A critical analysis.
• Vertical restraints and competition law: Balancing market efficiencies and anti-competitive concerns.
• The role of competition law in sports, media, and entertainment industries.
• Competition law and policy in the era of globalization: Protecting domestic industries while encouraging innovation.
• The future of competition law enforcement in a post-pandemic world.
• The effectiveness of competition law in curbing monopolistic practices in the telecom industry.
• Balancing national security interests and competition law.
• The role of whistle-blowers in competition law enforcement.
• Assessing the impact of public sector monopolies on competition law.
• Competition law as a tool for economic development in emerging markets.
• The challenges of proving intent in anti-competitive practices.
• The application of competition law to the agricultural sector and its impact on food security.
• Reform proposals for more effective competition law enforcement.
• The role of state aid and subsidies in competition law.
• Competition law implications of blockchain technology and cryptocurrencies.
• The balance between intellectual property rights and competition law.
• The use of machine learning algorithms in predicting and analyzing market competition.
• The evolving concept of constitutionalism in the digital age.
• Analysis of constitutional changes in response to global pandemics.
• The role of the judiciary in upholding constitutional rights in times of political turmoil.
• Comparative study of free speech protections under different constitutional regimes.
• The impact of migration crises on constitutional law frameworks in the EU.
• Gender equality and constitutional law: Examining legal reforms across the globe.
• The constitutional implications of Brexit for the United Kingdom.
• Federalism and the balance of power: Lessons from the United States Constitution.
• The enforceability of social and economic rights under constitutional law.
• The influence of international human rights treaties on national constitutional laws.
• The right to privacy in the era of mass surveillance: A constitutional perspective.
• The role of constitutions in managing ethnic and religious diversity.
• Constitutional law and the challenge of climate change.
• The legality of emergency powers under constitutional law in various countries.
• The impact of artificial intelligence on constitutional rights and liberties.
• Same-sex marriage and constitutional law: A comparative analysis.
• The constitutionality of the death penalty in the 21st century.
• Age and constitutional law: The rights and protections afforded to the elderly.
• Constitutional reforms and the evolution of democratic governance in Africa.
• The role of the constitution in combating corruption within government institutions.
• Gun control and constitutional rights: A critical analysis.
• The balance between national security and individual freedoms in constitutional law.
• The effectiveness of constitutional courts in protecting minority rights.
• The constitution as a living document: Interpretation and change in judicial review.
• Assessing the constitutional frameworks for federal and unitary states.
• The impact of populism on constitutional democracy.
• Constitutional law in the face of technological advancements: Regulation and rights.
• The role of constitutional amendments in shaping political stability.
• Analyzing the separation of powers in newly formed governments.
• Indigenous rights and constitutional law: Case studies from North America and Australasia.
• Constitutional law and public health: Legal responses to health emergencies.
• The constitutionality of affirmative action policies in education and employment.
• Political party bans and democracy: A constitutional analysis.
• The role of the constitution in economic policy and regulation.
• Constitutional challenges to the regulation of cryptocurrencies and blockchain technologies.
• The implications of judicial activism for constitutional law.
• The constitution and the right to a clean and healthy environment.
• The intersection of constitutional law and international diplomacy.
• Protection of children’s rights within constitutional frameworks.
• The future of constitutional governance in virtual and augmented reality environments.
• The enforceability of electronic contracts in international commerce.
• The impact of AI on contract formation and enforcement.
• Comparative analysis of contract law remedies in different jurisdictions.
• The legal implications of smart contracts in blockchain technologies.
• The role of contract law in regulating freelance and gig economy work.
• The challenges of cross-border contract enforcement in the digital age.
• Contractual risk management in international construction projects.
• The doctrine of frustration in contract law: Contemporary issues and challenges.
• Consumer protection in online contracts: A critical analysis.
• The influence of cultural differences on international commercial contracts.
• Force majeure clauses in contracts during global crises, such as the COVID-19 pandemic.
• The evolution of contract law with technological advancements.
• Legal issues surrounding the termination of contracts: A comparative study.
• The role of contract law in sustainable development and environmental protection.
• Misrepresentation in contract law: A review of current legal standards.
• The legal status of verbal agreements in a digital world.
• Contractual obligations and rights in the sharing economy.
• The interplay between contract law and intellectual property rights.
• The effectiveness of liquidated damages clauses in commercial contracts.
• Unconscionability in contract law: Protecting the vulnerable party.
• The enforcement of non-compete clauses in employment contracts.
• The legality of automatic renewal clauses in consumer and business contracts.
• The impact of contract law on consumer rights in financial agreements.
• Standard form contracts and the imbalance of power between parties.
• The role of mediation in resolving contract disputes.
• Contract law in the sale of goods: The challenges of e-commerce.
• The future of contract law in regulating virtual and augmented reality transactions.
• The concept of ‘good faith’ in contract negotiation and execution.
• Legal implications of contract breaches in international trade.
• The application of contract law in healthcare service agreements.
• The enforceability of penalty clauses in different legal systems.
• Contract modifications: Legal implications of changing terms mid-agreement.
• The legal challenges of subscription-based contract models.
• Contract law and data protection: Obligations and liabilities.
• The impact of insolvency on contractual relationships.
• The regulation of crowdfunding agreements under contract law.
• Consumer contracts and the right to withdraw in the digital marketplace.
• Ethical considerations in contract law: Duties beyond the written document.
• The use of contract law in combating human rights violations.
• The effectiveness of international conventions in harmonizing contract law across borders.
• Corporate governance and its impact on shareholder activism.
• The role of corporate social responsibility in modern business practices.
• Legal strategies to combat corporate fraud and enhance transparency.
• Comparative analysis of corporate bankruptcy laws and their effectiveness.
• The influence of global corporate regulations on multinational mergers and acquisitions.
• The impact of environmental regulations on corporate operations and compliance.
• Legal challenges and opportunities in corporate restructuring processes.
• Corporate liability for human rights violations in international operations.
• The effectiveness of anti-money laundering laws in the corporate sector.
• The role of ethics in corporate law: How legal frameworks shape business morality.
• The impact of technology on corporate governance: Blockchain and beyond.
• Legal aspects of venture capital funding in startups and SMEs.
• Corporate law in the digital age: Challenges and opportunities for digital enterprises.
• The role of minority shareholders in influencing corporate decisions.
• Legal frameworks for corporate whistleblowing and the protection of whistleblowers.
• Corporate insolvency procedures: A comparative study of the US and EU frameworks.
• The evolution of corporate personhood and its legal implications.
• The role of stock exchanges in enforcing corporate law.
• Legal issues surrounding corporate espionage and competitive intelligence gathering.
• Comparative analysis of corporate governance codes across different jurisdictions.
• Legal frameworks for handling conflicts of interest in corporate boards.
• The regulation of corporate political contributions and lobbying activities.
• Corporate taxation laws and their impact on international business strategies.
• The regulation of joint ventures under corporate law: Balancing interests and sharing control.
• The challenges of maintaining corporate compliance in a global market.
• Corporate law and the protection of intellectual property rights.
• The effectiveness of corporate penalties in deterring corporate misconduct.
• Legal aspects of employee stock ownership plans (ESOPs).
• Corporate law implications for artificial intelligence integration in business practices.
• The legal challenges of managing cyber risk in corporate entities.
• Corporate law’s role in managing and disclosing financial risks.
• The impact of corporate law on the governance of nonprofit organizations.
• Legal responsibilities and liabilities of corporate directors and officers.
• The role of international treaties in shaping corporate law practices.
• Corporate law and its influence on strategic business alliances and partnerships.
• Legal aspects of sustainable investment in corporate decision-making.
• The regulation of private equity and hedge funds under corporate law.
• Legal challenges in corporate branding and marketing strategies.
• Corporate law considerations in the management of supply chains.
• The impact of corporate law on mergers and acquisitions in emerging markets.
• The impact of forensic science advancements on criminal law and procedure.
• Analyzing the effectiveness of rehabilitation programs in reducing recidivism rates.
• The role of mental health assessments in criminal sentencing.
• Legal challenges in prosecuting international cybercrimes.
• The evolution of laws against domestic violence and their enforcement.
• The effectiveness of death penalty deterrence: A critical analysis.
• Legal frameworks for combating human trafficking: Global perspectives.
• The influence of social media on criminal behavior and law enforcement.
• Racial disparities in criminal sentencing: Causes and legal remedies.
• The application of criminal law to acts of terrorism: Balancing security and civil liberties.
• Juvenile justice: Reforming the approach to underage offenders.
• The legal implications of wrongful convictions: Prevention and compensation.
• Drug policy reform: The shift from criminalization to harm reduction.
• The impact of body-worn cameras on policing and criminal justice.
• Legal and ethical considerations in the use of DNA evidence in criminal trials.
• The role of the insanity defense in criminal law: A comparative study.
• Legal strategies for addressing gang violence within urban communities.
• The criminalization of poverty and its impact on justice.
• Analyzing the effectiveness of sexual assault legislation.
• The role of public opinion in shaping criminal law reforms.
• Legal approaches to combating corruption and white-collar crime.
• The challenges of protecting victims’ rights in criminal proceedings.
• The impact of immigration laws on criminal justice practices.
• Ethical and legal issues in the use of undercover policing tactics.
• The effects of legalizing marijuana on criminal justice systems.
• The role of international cooperation in combating cross-border criminal activities.
• The use of restorative justice practices in criminal law systems.
• Challenges in the enforcement of wildlife protection laws.
• Legal issues surrounding the use of force by law enforcement.
• The implications of emerging technologies for criminal law and justice.
• Legal definitions of terrorism and their impact on law enforcement.
• The impact of social movements on criminal law reform.
• Addressing elder abuse through criminal statutes and protections.
• The role of forensic psychology in criminal investigations.
• Legal consequences of financial crimes in different jurisdictions.
• Challenges in prosecuting war crimes and genocide.
• The legal aspects of electronic monitoring and surveillance in criminal investigations.
• The implications of international extradition in criminal law.
• Addressing the challenges of witness protection programs.
• The intersection of criminal law and human rights in detention and interrogation.
• Legal frameworks for data protection and privacy in the digital age.
• The implications of the General Data Protection Regulation (GDPR) on global internet governance.
• Cybersecurity laws: National strategies and international cooperation.
• The legality of government surveillance programs under international cyber law.
• Intellectual property challenges in the era of digital media.
• Legal issues surrounding the use of artificial intelligence and machine learning.
• The enforcement of cybercrimes: Challenges and strategies.
• Rights and responsibilities of individuals and corporations under cyber law.
• Cyberbullying and online harassment: Legal remedies and limitations.
• The role of cyber law in managing online misinformation and fake news.
• Legal challenges in the regulation of cryptocurrencies and blockchain technology.
• The impact of cloud computing on privacy and data security legal frameworks.
• Legal aspects of e-commerce: Consumer protection online.
• The digital divide: Legal implications of unequal access to technology.
• Regulation of digital advertising and its implications for privacy.
• Jurisdictional issues in cyberspace: Determining liability in a borderless environment.
• Legal considerations for Internet of Things (IoT) devices in consumer and industrial applications.
• The role of anonymity in the internet: Balancing privacy and accountability.
• Cyber law and its impact on the creative industries: Copyright issues in digital content creation.
• Legal frameworks for combating online trade of illegal goods and services.
• The enforcement of digital rights management (DRM) technologies.
• Cyber law and online education: Intellectual property and privacy concerns.
• The regulation of social media platforms under cyber law.
• Legal remedies for victims of online identity theft.
• The implications of autonomous vehicles on cyber law.
• Legal strategies to address online child exploitation and protection.
• The impact of telemedicine on health law and cyber law.
• Challenges in enforcing online contracts and resolving disputes.
• Cyber law in the context of national security: Balancing civil liberties.
• Legal frameworks for software development and liability issues.
• The influence of international treaties on national cyber law policies.
• Legal aspects of cyber espionage and state-sponsored cyber attacks.
• Ethical hacking: Legal boundaries and implications.
• The regulation of online gaming: Consumer protection and cyber law.
• Cyber law and digital accessibility: Rights of differently-abled persons.
• Legal implications of biometric data processing in cyber law.
• The future of robotic automation and law: Ethical and legal considerations.
• The role of cyber law in the governance of digital health records.
• Managing online content: Legal issues around censorship and freedom of expression.
• Cyber law implications for digital banking and fintech.
• The effectiveness of international agreements in combating climate change.
• Legal strategies for biodiversity conservation in international and domestic contexts.
• The impact of environmental law on sustainable urban development.
• Comparative analysis of water rights and regulations across different jurisdictions.
• Legal mechanisms for controlling plastic pollution in marine environments.
• The role of environmental impact assessments in promoting sustainable projects.
• Legal and regulatory challenges of renewable energy implementation.
• The effectiveness of air quality laws in reducing urban smog.
• Environmental justice and its impact on marginalized communities.
• The role of the judiciary in shaping environmental policy.
• Corporate accountability for environmental degradation: Legal remedies.
• The regulation of genetically modified organisms (GMOs) and their environmental impact.
• Legal frameworks for the protection of endangered species and habitats.
• Climate refugees: Legal challenges and protections under international law.
• The intersection of environmental law and human rights.
• Challenges in enforcing environmental laws against multinational corporations.
• Legal aspects of carbon trading and emissions reduction schemes.
• The impact of agricultural practices on environmental law and policy.
• Mining and environmental degradation: Legal responses and remedies.
• The use of environmental law to combat deforestation.
• Legal issues related to energy storage and its environmental impacts.
• Regulatory challenges of nanotechnology and environmental health.
• Legal strategies for water management in drought-prone areas.
• The regulation of noise pollution in urban environments.
• The role of public participation in environmental decision-making.
• Legal frameworks for dealing with hazardous waste and its disposal.
• Environmental law as a tool for green building and construction practices.
• Legal challenges in protecting wetlands through environmental laws.
• The enforceability of international environmental law.
• The impact of environmental laws on traditional land use and indigenous rights.
• The role of local governments in environmental governance.
• Environmental law and the regulation of pesticides and chemicals.
• Legal responses to environmental disasters and recovery processes.
• The implications of deep-sea mining for environmental law.
• The role of environmental NGOs in shaping law and policy.
• Legal tools for the conservation of marine biodiversity.
• Challenges of integrating environmental concerns in corporate governance.
• Legal implications of artificial intelligence in environmental monitoring.
• The role of litigation in enforcing environmental norms and standards.
• Trends and challenges in the enforcement of transboundary environmental laws.
• The impact of EU law on national sovereignty of member states.
• Brexit and its legal implications for both the UK and EU.
• The effectiveness of the EU’s data protection regulation (GDPR) in a global context.
• The role of the European Court of Justice in shaping EU policies.
• Legal analysis of the EU’s Common Agricultural Policy (CAP) and its impacts.
• The EU’s approach to antitrust and competition law enforcement.
• Human rights protection under the EU Charter of Fundamental Rights.
• Legal challenges in the implementation of the EU’s Digital Single Market.
• The EU’s role in international trade: Legal frameworks and challenges.
• The influence of EU environmental law on member state legislation.
• Consumer protection laws in the EU and their effectiveness.
• Legal mechanisms of the EU banking union and capital markets union.
• The regulation of pharmaceuticals and healthcare within the EU.
• Migration and asylum laws in the EU: Challenges and responses.
• The role of lobbying in EU lawmaking processes.
• Legal aspects of the EU’s energy policy and its impact on sustainability.
• The enforcement of intellectual property rights within the EU.
• The EU’s legal framework for dealing with cyber security threats.
• Analysis of EU labor laws and their impact on worker mobility.
• Legal bases for EU sanctions and their impact on international relations.
• The EU’s legal strategies against terrorism and organized crime.
• The effectiveness of the EU’s regional development policies.
• Legal and ethical issues in AI regulation within the EU.
• The EU’s approach to regulating blockchain technology.
• The challenges of EU enlargement: Case studies of recent accession countries.
• The role of the EU in global environmental governance.
• The impact of EU laws on the rights of indigenous populations.
• Legal analysis of EU sports law and policy.
• The EU’s framework for consumer digital privacy and security.
• The regulation of biotechnology in agriculture within the EU.
• EU tax law and its implications for global corporations.
• The role of the European Ombudsman in ensuring administrative justice.
• The influence of EU copyright law on digital media and entertainment.
• Legal frameworks for public procurement in the EU.
• The impact of EU maritime law on international shipping and trade.
• EU chemical regulations: REACH and its global implications.
• Legal issues surrounding the EU’s external border control policies.
• The EU’s role in shaping international aviation law.
• The impact of EU law on public health policy and regulation.
• The future of the EU’s constitutional framework and its legal challenges.
• The impact of cultural diversity on family law practices.
• Legal challenges in the enforcement of international child custody agreements.
• The effectiveness of mediation in resolving family disputes.
• The evolution of child support laws in response to changing societal norms.
• Comparative analysis of divorce laws across different jurisdictions.
• Legal implications of surrogacy: Rights of the child, surrogate, and intended parents.
• The impact of social media on family relationships and legal proceedings.
• Legal rights of cohabiting couples: A comparative study.
• The role of family law in addressing domestic violence.
• The legal recognition of LGBTQ+ families in different countries.
• The effect of parental alienation on child custody decisions.
• Adoption laws and the challenges of cross-border adoption.
• Legal issues surrounding elder care and guardianship.
• The role of genetic testing in family law (paternity disputes, inheritance rights).
• The impact of immigration laws on family unification policies.
• The rights of children with disabilities in family law proceedings.
• The influence of religious beliefs on family law decisions.
• The legal challenges of blended families: Rights and responsibilities.
• The role of children’s rights in family law: Voice and protection.
• Legal frameworks for dealing with family assets and financial disputes.
• The impact of addiction (substance abuse, gambling) on family dynamics and legal outcomes.
• The enforcement of prenuptial agreements: A critical analysis.
• Legal responses to teenage pregnancy and parental responsibilities.
• The effect of military service on family law issues (divorce, custody).
• The challenges of maintaining privacy in family law cases.
• The impact of mental health on parental rights and child custody.
• The role of the state in family planning and reproductive rights.
• Comparative study of same-sex marriage laws before and after legalization.
• The evolution of father’s rights in family law.
• The legal complexities of artificial reproductive technologies.
• Family law and its role in preventing child marriages.
• The impact of economic downturns on family law issues (alimony, child support).
• Legal strategies for protecting domestic violence survivors through family law.
• The role of international conventions in shaping family law.
• Gender biases in family law: A critical analysis.
• The regulation of family law advertising and its ethical implications.
• The influence of international human rights law on family law.
• The challenges of transnational families in navigating family law.
• Legal and ethical issues in the involuntary sterilization of disabled individuals.
• The future of family law: Predicting changes in legislation and practice.
• The legal implications of telemedicine and remote healthcare services.
• Regulation and liability of artificial intelligence in healthcare.
• The impact of healthcare laws on patient privacy and data protection.
• Legal issues surrounding the right to die: Euthanasia and assisted suicide.
• The enforcement of mental health legislation and patient rights.
• Legal challenges in the regulation of pharmaceuticals and medical devices.
• The role of health law in managing infectious disease outbreaks, such as COVID-19.
• Ethical and legal considerations of genetic testing and genome editing.
• Comparative analysis of health insurance models and their legal implications.
• The impact of health law on underserved and marginalized populations.
• Legal aspects of medical malpractice and healthcare provider liability.
• The regulation of stem cell research and therapy.
• Legal frameworks for addressing obesity as a public health issue.
• The role of law in combating healthcare fraud and abuse.
• Ethical issues in the allocation of scarce medical resources.
• Legal challenges in child and adolescent health care consent.
• The influence of global health initiatives on national health law policies.
• Legal issues related to the development and use of biobanks.
• Health law and its impact on emergency medical response and preparedness.
• Legal and ethical challenges in the treatment of psychiatric patients.
• The rights of patients in clinical trials: Informed consent and beyond.
• The regulation of medical marijuana and its impact on healthcare systems.
• Health law’s role in addressing non-communicable diseases.
• Legal strategies to combat antimicrobial resistance.
• The legal implications of sports medicine and athlete care.
• The protection of vulnerable groups in healthcare settings.
• Legal frameworks governing organ donation and transplantation.
• The role of health law in reproductive rights and technologies.
• The impact of bioethics on health law policy and practice.
• Legal considerations of global health diplomacy and international health law.
• The regulation of alternative and complementary medicine.
• Legal challenges in providing healthcare in rural and remote areas.
• The impact of nutrition and food law on public health.
• Legal responses to aging populations and elder care.
• Health law and its impact on vaccination policies and enforcement.
• The legal implications of patient literacy and health education.
• Regulatory challenges in health information technology and mobile health apps.
• Legal and ethical issues in cosmetic and elective surgery.
• The role of whistleblowers in improving healthcare quality and safety.
• The legal implications of healthcare marketing and consumer protection.
• The impact of international human rights conventions on domestic laws.
• The role of the International Criminal Court in enforcing human rights standards.
• Legal remedies for victims of war crimes and genocide.
• The enforcement of human rights in areas of conflict and post-conflict societies.
• The legal implications of refugee and asylum seeker policies.
• The right to freedom of expression in the digital age.
• Human rights challenges in the context of global migration.
• Legal protections against discrimination based on gender, race, and sexuality.
• The impact of cultural practices on the enforcement of human rights.
• Legal frameworks for protecting children in armed conflicts.
• The role of non-governmental organizations in promoting and protecting human rights.
• Human rights and environmental law: the right to a healthy environment.
• The legal aspects of economic, social, and cultural rights.
• Protecting the rights of indigenous peoples: international and domestic approaches.
• Human rights implications of counter-terrorism laws and practices.
• The role of national human rights institutions in promoting human rights.
• Legal challenges in combating human trafficking and modern slavery.
• The rights of disabled individuals under international human rights law.
• Legal strategies to combat racial and ethnic profiling.
• The protection of human rights defenders in hostile environments.
• The impact of globalization on labor rights and working conditions.
• The role of the media in promoting human rights awareness and protection.
• Human rights law and its intersection with gender-based violence.
• The right to education and legal measures to enforce it.
• Legal responses to the crisis of statelessness.
• Human rights issues surrounding the management of natural disasters.
• The role of human rights law in regulating private military and security companies.
• The right to privacy in the surveillance era.
• Legal measures to address economic inequality and ensure human rights.
• The challenge of protecting human rights in authoritarian regimes.
• Human rights in medical law: issues of consent and autonomy.
• The right to food and water as fundamental human rights.
• Legal frameworks for the rights of the elderly in different countries.
• The role of human rights law in addressing issues of domestic violence.
• Human rights considerations in the development and enforcement of immigration laws.
• The impact of intellectual property laws on access to medicines.
• The enforcement of the rights of LGBT individuals globally.
• Human rights law and its application to internet governance.
• The legal rights of prisoners and the conditions of detention.
• The role of human rights in shaping international trade and investment policies.
• The impact of immigration laws on national security in various countries.
• Comparative analysis of asylum procedures across different jurisdictions.
• The role of immigration law in shaping multicultural societies.
• Legal challenges faced by refugees and asylum seekers during resettlement.
• The effectiveness of skilled migrant programs and their impact on the economy.
• Legal and ethical considerations in the detention of immigrants.
• The influence of international human rights law on national immigration policies.
• The impact of Brexit on immigration laws in the UK and the EU.
• The role of international agreements in managing migration crises.
• Legal strategies to combat human trafficking within the immigration system.
• The rights of undocumented immigrants and access to legal aid.
• The enforcement of immigration laws and the rights of migrant workers.
• The legal implications of family reunification policies.
• Analysis of deportation procedures and their compliance with international law.
• The effect of climate change on migration patterns and immigration law.
• Legal measures to protect immigrants against labor exploitation.
• The role of local governments in immigration enforcement.
• The legal aspects of border management technologies.
• Immigration law and its impact on education for immigrant children.
• The challenges of integrating immigrants into host societies legally.
• Comparative study of investor immigration programs.
• The effects of cultural bias in immigration law enforcement.
• Legal remedies for immigrants subjected to discrimination.
• The intersection of immigration law and public health policies.
• The legal consequences of overstaying visas on future immigration applications.
• The role of consulates and embassies in the immigration process.
• Legal frameworks for addressing statelessness in the context of immigration.
• Immigration law’s response to temporary protection statuses.
• The impact of international sports events on immigration laws and policies.
• The role of non-governmental organizations in shaping immigration law.
• The use of biometric data in immigration control.
• Legal perspectives on the economic impact of immigration.
• Challenges in protecting the rights of elderly immigrants.
• The influence of immigration on national identity and cultural policies.
• Legal implications of global demographic shifts on immigration policies.
• The regulation of international student visas and their impact on higher education.
• Legal challenges faced by immigrants in accessing healthcare services.
• The dynamics of urban immigration and legal integration strategies.
• Legal issues concerning expatriation and renunciation of citizenship.
• The future of immigration law in the face of global political changes.
• The impact of artificial intelligence on copyright and patent law.
• Comparative analysis of trademark laws in the digital age across different jurisdictions.
• The role of intellectual property rights in fostering or hindering innovation.
• Legal challenges in the protection of software under intellectual property law.
• The enforcement of intellectual property rights in online platforms.
• The balance between intellectual property rights and the public domain.
• The implications of 3D printing technologies on intellectual property rights.
• Intellectual property issues in the music industry: Streaming and digital rights.
• The effectiveness of international intellectual property treaties like WIPO and TRIPS.
• Intellectual property strategies for biotechnological inventions.
• The role of patents in the pharmaceutical industry and access to medicine.
• The impact of intellectual property rights on traditional knowledge and cultural expressions.
• Copyright law and its adaptability to new forms of media like virtual reality.
• The intersection of intellectual property law and competition law.
• Legal frameworks for managing intellectual property in joint ventures and collaborations.
• The role of intellectual property in the fashion industry and combating counterfeits.
• Trademark dilution: A comparative study between the U.S. and EU approaches.
• Legal challenges associated with celebrity rights and their management under IP law.
• Intellectual property rights and their impact on small and medium-sized enterprises.
• The protection of design rights in industrial models and drawings.
• Intellectual property and corporate governance: Policy, compliance, and enforcement.
• The challenges of enforcing intellectual property rights in the global south.
• The evolution of copyright law in protecting digital ebooks and publications.
• Intellectual property law in the advertising industry: Challenges and perspectives.
• Ethical considerations in intellectual property law.
• The role of intellectual property in the development of artificial organs and bioprinting.
• Challenges in patenting genetic material and the moral implications thereof.
• Intellectual property considerations in cross-border mergers and acquisitions.
• Intellectual property rights in the context of augmented reality technologies.
• The role of intellectual property in the semiconductor industry.
• The impact of open-source licensing on intellectual property law.
• Legal issues surrounding the protection of data and databases under intellectual property law.
• The role of intellectual property in sports marketing and merchandise.
• Intellectual property issues in cloud computing and data storage.
• Copyright disputes in the film industry: Case studies and legal insights.
• The protection of plant varieties and agricultural innovation under IP law.
• Intellectual property and its role in promoting or restricting access to educational materials.
• Trade secrets law: Comparative approaches and key challenges.
• The impact of geographical indications on local economies and protection strategies.
• Intellectual property law and its enforcement in the age of the internet of things.
• The effectiveness of the United Nations in resolving international disputes.
• The role of international law in governing the use of force by states.
• Legal frameworks for international cooperation in combating climate change.
• The implications of sovereignty and state responsibility in international law.
• The enforcement of international human rights law in conflict zones.
• Legal strategies for addressing international cybercrime and digital warfare.
• The regulation of international trade under the World Trade Organization (WTO).
• Legal challenges in the management of global migration and refugee crises.
• The impact of international sanctions on global diplomacy and law.
• The legal status and rights of stateless individuals under international law.
• The application of international law in the Antarctic and other common areas.
• The protection of cultural heritage in times of war under international law.
• The role of international courts and tribunals in enforcing maritime law.
• Comparative analysis of regional human rights mechanisms (e.g., European, African, American).
• The jurisdiction and reach of the International Criminal Court (ICC).
• The legal implications of territorial disputes on international relations.
• The influence of international law on national legislation regarding environmental protection.
• The legal treatment of indigenous peoples’ rights at the international level.
• The development of international norms for corporate social responsibility.
• Legal and ethical considerations in international medical research and healthcare.
• The regulation of international finance and its impact on economic development.
• The challenges of enforcing intellectual property rights at the international level.
• The legal frameworks governing the use and regulation of drones in international airspace.
• The impact of bilateral and multilateral treaties on domestic legal systems.
• International legal standards for the treatment of prisoners and detainees.
• The role of diplomatic immunity in contemporary international law.
• Legal issues surrounding international sports events and the governance of international sports bodies.
• The use of international law in combating terrorism and protecting national security.
• Legal measures against international trafficking of drugs, arms, and human beings.
• The role of non-state actors in international law (NGOs, multinational corporations, etc.).
• Legal considerations in the preservation of biodiversity under international conventions.
• The international legal ramifications of artificial islands and reclaimed territories.
• The dynamics of negotiation and implementation of international peace treaties.
• The intersection of international law and global public health policies.
• The legal challenges in regulating outer space activities and celestial bodies.
• The enforcement of international labor standards and their impact on global trade.
• Legal implications of global electronic surveillance by states.
• The regulation of international nuclear energy and nuclear weapons.
• The role of international law in addressing issues of global poverty and inequality.
• The future of international law in a multipolar world order.
• The impact of globalization on labor rights and standards.
• Legal challenges and protections for gig economy workers.
• Comparative analysis of minimum wage laws across different jurisdictions.
• The role of trade unions in modern labor markets.
• Legal frameworks governing telecommuting and remote work arrangements.
• Enforcement of anti-discrimination laws in the workplace.
• The impact of artificial intelligence and automation on labor laws.
• Legal protections for migrant workers in host countries.
• The effectiveness of occupational safety and health regulations.
• The role of labor law in managing economic crises and labor market shocks.
• Gender equality in the workplace: Assessing legal approaches.
• The regulation of child labor in developing economies.
• Legal implications of employee surveillance practices.
• Rights and legal protections for part-time, temporary, and seasonal workers.
• Collective bargaining challenges in the public sector.
• The legal status of unpaid internships and volunteer work.
• Legal responses to workplace bullying and psychological harassment.
• The enforceability of non-compete clauses in employment contracts.
• Legal issues related to employee benefits and pensions.
• The impact of labor laws on small businesses and startups.
• Labor rights in the informal economy.
• Legal strategies for conflict resolution in labor disputes.
• The influence of international labor standards on national laws.
• The role of labor law in promoting sustainable employment practices.
• The effectiveness of mediation and arbitration in labor disputes.
• Legal protections against wrongful termination.
• The challenges of enforcing fair labor practices across multinational corporations.
• The rights of disabled workers under labor law.
• Labor law and its adaptation to the changing nature of work.
• The regulation of labor in industries with high risk of exploitation (e.g., textiles, mining).
• The impact of labor law on industrial relations in the healthcare sector.
• Legal aspects of wage theft and its enforcement.
• Labor laws related to shift work and overtime regulations.
• The legal consequences of labor strikes and lockouts.
• Employee privacy rights versus employer’s right to monitor.
• The role of labor law in economic development and poverty reduction.
• Legal frameworks for employee representation in corporate governance.
• The challenges of labor law compliance in the retail sector.
• Labor law issues in the entertainment and sports industries.
• Future trends in labor law: Anticipating changes in legislation and workplace norms.
• The ethical implications of attorney-client confidentiality.
• Ethical challenges in pro bono legal work.
• The role of personal morality in legal judgments.
• Ethical dilemmas faced by defense attorneys in criminal cases.
• The influence of ethics on legal decision-making processes.
• Conflicts of interest in legal practice: Identification and management.
• Ethical considerations in legal advertising and client solicitation.
• The impact of technology on ethical practices in law.
• Ethical issues in the representation of minors and incapacitated clients.
• The enforcement of ethical standards in the judiciary.
• Ethical challenges in corporate legal departments.
• The ethics of legal outsourcing and the use of non-lawyers.
• Ethical considerations in mediation and alternative dispute resolution.
• The implications of ethical misconduct on legal careers.
• The duty of lawyers to the court vs. client loyalty.
• Ethical issues in cross-border legal practices.
• The responsibility of lawyers in preventing money laundering.
• The ethical dimensions of legal education and training.
• The balance between justice and efficiency in legal ethics.
• Ethical considerations in the use of artificial intelligence in law.
• The ethics of plea bargaining and its impact on justice.
• Ethical issues in the management of legal trusts and estates.
• The role of ethics in environmental law.
• Professional responsibility in managing legal errors and omissions.
• Ethical dilemmas in bankruptcy law.
• The impact of personal ethics on public interest law.
• Ethical considerations in the competitive practices of law firms.
• Ethics in legal research: Ensuring accuracy and integrity.
• The moral obligations of lawyers in promoting human rights.
• The ethics of lawyer activism in political and social movements.
• Challenges of maintaining ethical standards in high-pressure legal environments.
• Ethical issues in the intersection of law and politics.
• The professional ethics of tax lawyers.
• Ethical challenges in the prosecution of complex financial crimes.
• The ethical dimensions of elder law and representation of the elderly.
• The role of moral philosophy in legal ethics curricula.
• Ethical considerations in capital punishment cases.
• Lawyers’ ethical responsibilities in handling classified information.
• The impact of ethical lapses in corporate scandals.
• Future directions in legal ethics: Preparing lawyers for emerging moral challenges.
• The legal frameworks governing international maritime boundaries.
• Liability issues in the event of oil spills and maritime environmental disasters.
• The regulation of piracy under international maritime law.
• Legal challenges in the Arctic maritime routes and territorial claims.
• The effectiveness of maritime safety regulations in preventing accidents at sea.
• Legal aspects of maritime insurance: Coverage, claims, and disputes.
• The role of the International Maritime Organization (IMO) in global shipping regulations.
• Arbitration and dispute resolution in international maritime contracts.
• Legal implications of autonomous ships on international maritime law.
• The enforcement of maritime security measures against terrorism.
• Ship registration and flag state responsibilities under international law.
• The impact of climate change on maritime boundaries and fishing rights.
• Legal strategies for combating illegal, unreported, and unregulated (IUU) fishing.
• Maritime lien and ship arrest procedures across different jurisdictions.
• The regulation of crew rights and labor conditions aboard international vessels.
• Comparative analysis of salvage law and the law of finds.
• Legal issues surrounding the abandonment of ships.
• Port state control and its impact on international shipping.
• The rights and legal protection of seafarers under international maritime law.
• The application of maritime law to underwater cultural heritage.
• The challenges of enforcing maritime law in high seas governance.
• Legal frameworks for the management of maritime natural resources.
• Collision regulations and legal liability at sea.
• The impact of technology on maritime law: Satellite and GPS issues.
• The legalities involved in the financing and construction of vessels.
• Legal issues related to maritime transport of hazardous and noxious substances.
• The role of maritime law in the global supply chain and logistics.
• Legal implications of maritime blockades during armed conflict.
• The interface between maritime law and marine biodiversity conservation.
• The legality of maritime security operations by private companies.
• Insurance law as applicable to maritime piracy and armed robbery.
• The regulation of the international cruise industry under maritime law.
• Challenges in maritime jurisdiction: Enforcement and compliance issues.
• Legal aspects of maritime cybersecurity threats and data protection.
• The impact of maritime law on the offshore oil and gas industry.
• Legal issues in maritime search and rescue operations.
• The role of national courts in maritime law enforcement.
• Trends in maritime law: Emerging issues and future directions.
• Maritime law and its adaptation to the shipping of liquefied natural gas (LNG).
• The influence of maritime law on international maritime education and training.
• Legal challenges posed by digital media platforms to traditional copyright laws.
• The impact of social media on privacy rights and legal implications.
• Regulation of fake news and misinformation: Legal frameworks and effectiveness.
• Legal aspects of media censorship in authoritarian regimes.
• The role of media law in protecting journalistic sources and whistleblowers.
• Copyright infringement in the digital age: Streaming services and legal responses.
• Legal standards for advertising and marketing in digital and traditional media.
• The influence of media law on freedom of expression and public discourse.
• The right to be forgotten in the age of the internet: Legal and ethical considerations.
• Defamation law in the digital era: Challenges and new developments.
• Legal responses to cyberbullying and online harassment through media platforms.
• Intellectual property rights in the creation and distribution of digital content.
• Legal issues surrounding user-generated content on online platforms.
• The role of the Federal Communications Commission (FCC) in regulating broadcast media.
• Legal frameworks for handling sensitive content: Violence, sexuality, and hate speech.
• The regulation of political advertising and its impact on elections.
• The legal implications of artificial intelligence in content creation.
• Data protection laws and their enforcement on media platforms.
• The balance between national security and press freedom.
• Legal strategies for combating deepfake technology and its implications.
• Media ownership laws and their impact on media diversity and pluralism.
• The enforcement of media ethics and law in the age of global digital platforms.
• Legal challenges in cross-border media operations and jurisdictional issues.
• The role of legal frameworks in managing public relations crises.
• The impact of telecommunications law on media dissemination and access.
• Legal considerations for media mergers and acquisitions.
• Regulation of satellite and cable TV in the digital landscape.
• Legal issues related to podcasting and other emerging media formats.
• The protection of minors in media consumption: Legal frameworks and challenges.
• The legal ramifications of media during public health emergencies.
• Accessibility laws related to media content for persons with disabilities.
• The role of the law in combating racial and gender stereotypes in media.
• Media law and consumer protection: Misleading advertisements and consumer rights.
• The impact of GDPR and other privacy regulations on media operations in Europe.
• The legal implications of virtual and augmented reality technologies in media.
• Legal disputes involving music licensing and rights management.
• The challenges of regulating live streaming services under existing media laws.
• Legal issues surrounding the archiving of digital media content.
• The intersection of media law and sports broadcasting rights.
• Future trends in media law: Preparing for new challenges in media and communication technologies.
• Comparative analysis of property rights and land tenure systems across different cultures.
• The impact of eminent domain on property rights and fair compensation.
• Legal challenges in the administration of estates and trusts.
• Intellectual property rights in the digital age: Balancing creators’ rights and public access.
• The role of property law in environmental conservation.
• Legal frameworks governing the leasing and renting of property.
• The evolution of property rights in response to urbanization.
• Property disputes and their resolution: Case studies from land courts.
• The effect of zoning laws on property development and urban planning.
• Legal aspects of real estate transactions and the role of property lawyers.
• Property law and its impact on economic development in emerging markets.
• Legal challenges of property ownership in communal and indigenous lands.
• The influence of property law on agricultural practices and rural development.
• Legal responses to squatting and adverse possession.
• Property rights in marital and family law contexts.
• The implications of blockchain technology on property transactions and record keeping.
• Legal and ethical considerations in the foreclosure process.
• Water rights and property law: Managing conflicts and ensuring sustainability.
• The impact of natural disasters on property law and homeowner rights.
• Property rights and the challenges of gentrification in urban areas.
• Legal considerations in the conversion of property for commercial use.
• The implications of property law for renewable energy projects (e.g., wind farms, solar panels).
• Historical perspectives on property law and their modern-day relevance.
• The regulation of property within gated communities and homeowners associations.
• Legal issues related to the inheritance of digital assets.
• The role of property law in resolving boundary disputes.
• Property law and the regulation of timeshares and vacation ownership.
• The intersection of property law and bankruptcy proceedings.
• Legal frameworks for managing property during divorce or separation.
• Property rights and the management of shared or common resources.
• Legal challenges in property transactions involving foreign investors.
• Property law in the context of historic preservation and cultural heritage.
• Regulatory issues surrounding the development of commercial properties.
• The role of property law in the sharing economy (e.g., Airbnb, Uber).
• Legal issues in property development and construction.
• The impact of tax law on property ownership and transfer.
• Property law and its implications for homelessness and affordable housing.
• Legal approaches to combating land degradation and promoting sustainable use.
• The role of artificial intelligence and technology in property law enforcement.
• Future trends in property law: Predicting changes and legal needs.
• The role of international law in managing global pandemics and health emergencies.
• Legal frameworks governing the use of force and intervention by states.
• The effectiveness of international sanctions as a tool of diplomacy.
• The implications of sovereignty in the digital age for international law.
• The enforcement mechanisms of international human rights law.
• The legal challenges of climate change negotiations and treaty implementation.
• The jurisdiction and effectiveness of the International Criminal Court (ICC).
• The role of international law in governing outer space activities.
• Legal issues related to the protection of refugees and stateless persons.
• The development and enforcement of international environmental law.
• The impact of international law on maritime disputes and ocean governance.
• The legal basis and implications of unilateral declarations of independence.
• Legal strategies to combat international terrorism within the framework of public international law.
• The role of soft law in international relations and its legal significance.
• International legal aspects of economic sanctions and their impact on trade.
• The resolution of territorial disputes through international courts and tribunals.
• The regulation of armed conflict and the laws of war.
• International law and the regulation of cyberspace and cybersecurity.
• The legal challenges and implications of artificial intelligence on international norms.
• The enforcement of international anti-corruption measures.
• The role of international organizations in global governance.
• Legal issues surrounding the management of international waters.
• The impact of cultural heritage protection under international law.
• International legal standards for labor and their enforcement.
• The relationship between international law and indigenous rights.
• The influence of global financial regulations on international law.
• The compatibility of regional trade agreements with the World Trade Organization (WTO) law.
• Legal protections for investors under international investment agreements.
• International law and its role in addressing global inequality.
• The legal challenges of managing international migration.
• The application of international law in diplomatic relations.
• International legal considerations in the disposal of hazardous wastes.
• The role of public international law in combating human trafficking.
• Legal frameworks for international cooperation in disaster relief and emergency response.
• International law and the challenges of sustainable development.
• The regulation of non-governmental organizations (NGOs) under international law.
• Legal issues surrounding global telecommunications regulations.
• International law and the use of drones in warfare and surveillance.
• The implications of emerging technologies on arms control agreements.
• The future of public international law in a multipolar world.
• Legal implications of doping in sports: An international perspective.
• The enforceability of sports contracts: Analysis of player agreements.
• Intellectual property rights in sports: Branding, trademarks, and image rights.
• Legal aspects of sports broadcasting rights in the digital age.
• The role of arbitration in resolving sports disputes.
• Gender equality in sports: Legal challenges and advancements.
• Legal issues surrounding the organization of international sporting events.
• Sports governance: The impact of legal structures on global sports bodies.
• The application of labor laws to professional athletes and sports leagues.
• The protection of minors in professional sports.
• Anti-discrimination laws and their enforcement in sports.
• Legal considerations in the commercialization of sports.
• Sports injury and liability: The role of law in protecting athletes.
• Ethical and legal considerations in sports betting and gambling.
• The implications of technological advancements on sports law (e.g., VAR, goal-line technology).
• Contract negotiation and dispute resolution in sports.
• The impact of COVID-19 on sports contracts and legal liabilities.
• Legal issues in e-sports: Regulation and recognition.
• Ownership rights and financial regulations in sports clubs.
• Privacy laws and their application to athletes’ personal data.
• The legal framework for anti-doping regulations across different sports.
• The role of sports agents: Legal responsibilities and ethical considerations.
• Disability sports and legal challenges in inclusivity.
• Sports tourism and the law: Legal issues in hosting international events.
• Legal challenges in sports marketing and sponsorship agreements.
• The regulation of sports medicine and legal liabilities.
• The role of national courts in sports law.
• Safeguarding child athletes: Legal obligations and policies.
• The legality of sanctions in sports: Case studies from football and athletics.
• The intersection of sports law and human rights.
• Sports law in collegiate athletics: Compliance and regulation.
• The regulation of violent conduct in sports.
• Legal issues surrounding the use of performance-enhancing technology.
• Sports, media rights, and freedom of expression.
• Legal challenges in managing sports facilities and event safety.
• The impact of sports law on international relations.
• Sports law and the challenge of match-fixing.
• The role of international sports law in the Olympic Movement.
• The governance of water sports and maritime law intersections.
• Future trends in sports law: Emerging issues and legal needs.
• Comparative analysis of international tax treaties and their impact on global trade.
• The legality of digital taxation and its implications for multinational corporations.
• Legal challenges in implementing a global minimum tax for corporations.
• The role of tax law in economic development and foreign direct investment.
• Tax evasion and avoidance: Legal frameworks and enforcement mechanisms.
• The impact of tax incentives on renewable energy investments.
• Estate and inheritance tax laws: A comparative study.
• The effectiveness of VAT systems in developing economies.
• Legal issues surrounding tax havens and offshore financial centers.
• The application of tax laws to cryptocurrencies and blockchain technology.
• The role of taxation in public health policy (e.g., taxes on sugary drinks, tobacco).
• Taxation of the gig economy: Challenges and policy options.
• Legal frameworks governing charitable giving and tax deductions.
• The implications of property tax laws on urban development.
• Transfer pricing regulations and their impact on international business operations.
• The enforcement of sales taxes in the e-commerce sector.
• Tax compliance burdens for small and medium-sized enterprises.
• The legal aspects of tax reforms and policy changes.
• Taxation and privacy: Legal issues in the collection and sharing of taxpayer information.
• Comparative analysis of capital gains tax regulations.
• The role of artificial intelligence in tax administration and compliance.
• The legal challenges of implementing environmental taxes.
• Tax disputes and litigation: Strategies and outcomes.
• The regulation and taxation of financial derivatives.
• Tax law and its impact on charitable organizations and non-profits.
• The interplay between tax law and bankruptcy law.
• Legal strategies used by states to combat tax avoidance and profit shifting.
• The influence of tax policy on housing markets.
• Legal implications of tax credits for family and dependents.
• Taxation of expatriates and non-resident citizens.
• The constitutionality of tax laws and challenges in the courts.
• Tax law as a tool for social equity and redistribution.
• The impact of tax laws on consumer behavior.
• Taxation in the digital media and entertainment industries.
• The role of tax law in regulating pensions and retirement savings.
• Tax policy and its effect on agricultural practices and land use.
• The challenges of harmonizing state and federal tax laws.
• Tax law and the regulation of the sports industry.
• The taxation of international shipping and maritime activities.
• Future trends in tax law: Anticipating changes in global tax policies.

We hope this extensive collection of law thesis topics sparks your intellectual curiosity and aids in pinpointing a subject that resonates with your academic interests and career aspirations. Each topic presented here has been chosen to challenge your understanding and to encourage a deeper exploration of the legal landscape. As you prepare to embark on your thesis journey, consider these topics not just as mere titles, but as gateways to developing a nuanced understanding of the law in various contexts. Utilize this resource to craft a thesis that not only fulfills your academic requirements but also contributes meaningfully to the discourse in your chosen area of law.

The Range of Law Thesis Topics

Exploring the vast expanse of law thesis topics provides a unique opportunity for law students to delve into specific legal issues, refine their understanding, and contribute to the ongoing development of legal scholarship. As students embark on this crucial phase of their academic journey, selecting the right thesis topic is essential. This article aims to illuminate the range of potential law thesis topics, highlighting current issues, recent trends, and future directions. By examining these topics, students can better understand the legal landscape’s complexities and identify areas where they can make a significant academic impact.

Current Issues in Law

As we navigate through the complexities of contemporary society, numerous current issues in law emerge that are critical for law students to explore in their theses. These topics not only reflect ongoing legal challenges but also set the stage for developing effective solutions that uphold justice and societal norms. Delving into these law thesis topics allows students to engage with live issues that impact various facets of the legal system, from privacy laws and civil rights to corporate governance and environmental regulations.

• Privacy and Data Protection: In today’s digital age, the issue of privacy and data protection has come to the forefront. With the proliferation of digital data, the legal frameworks designed to protect personal information are constantly tested. Law students could explore the adequacy of existing laws like the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the United States, considering the rapid advancements in technology and the increasing global nature of data processing.
• Civil Rights in the Modern Era: As societies evolve, so too do their understandings and implementations of civil rights. Current legal discussions often focus on issues such as police brutality, LGBTQ+ rights, and the protections afforded to individuals under new healthcare regulations. Thesis topics may examine how legal responses are adapting in light of these challenges, particularly in terms of legislative and judicial actions intended to protect marginalized groups.
• Corporate Compliance and Governance: With the global economy becoming more interconnected, the importance of corporate compliance and governance has been magnified. Law thesis topics could investigate how businesses are expected to operate ethically while maximizing shareholder value, especially in industries that have significant impacts on the environment or human rights. Additionally, the legal liabilities of corporate officers and directors for breaches of fiduciary duties remain a hot topic in legal research.
• Environmental Law and Climate Change: Environmental law continues to be a pressing area of legal concern as the effects of climate change become more evident. Law students can explore topics related to the enforcement of environmental regulations, the role of international treaties in combating global warming, and the legal responsibilities of nations and corporations in ensuring sustainability. The recent shifts towards renewable energy sources and their legal implications offer a rich field for exploration.
• Immigration Law: Immigration law remains at the forefront of political and legal debates in many countries. Thesis topics could address the legality of border enforcement practices, the rights of refugees and asylum seekers, and the impact of new immigration policies on families and communities. Additionally, the intersection of immigration law with human rights provides a compelling area for legal research and discussion.
• Intellectual Property in the Innovation Economy: As innovation drives economic growth, intellectual property (IP) law plays a crucial role in protecting inventions, brands, and creative works. However, the tension between IP protection and the public interest, particularly in the pharmaceutical industry and technology sector, presents a complex scenario for legal analysis. Law students might explore the balance between encouraging innovation through patents and copyrights and ensuring public access to essential medicines and technologies.

Each of these areas presents unique challenges and opportunities for law students to contribute to their fields through rigorous analysis and innovative thinking. Addressing these current issues in law not only enhances their academic portfolio but also prepares them to enter the legal profession with a comprehensive understanding of the issues at the forefront of legal practice today. By focusing on these law thesis topics, students can position themselves at the cutting edge of legal research and development.

Recent Trends in Law

The dynamic nature of legal systems worldwide ensures that the landscape of law is perpetually evolving. Recent trends in law have been shaped by technological advancements, societal shifts, and global events that have prompted significant legal developments and debates. These trends provide fertile ground for law thesis topics, offering students a chance to explore the cutting-edge issues that are shaping modern legal doctrines and practices.

• Technology and Law: One of the most pervasive influences on recent legal trends is technology. From the rise of fintech and blockchain technology affecting financial regulations to the challenges posed by artificial intelligence in privacy and intellectual property law, technology is reshaping legal boundaries. Law students could examine topics such as the regulation of autonomous vehicles, legal responses to cybersecurity threats, or the implications of AI in criminal justice systems, including predictive policing and decision-making algorithms.
• Global Health and Law: The COVID-19 pandemic has highlighted the critical role of health law on a global scale. Recent legal trends have focused on public health law’s response to pandemics, including emergency powers, vaccination mandates, and quarantine measures. Thesis topics might analyze the balance between individual rights and public health safety, the legal implications of global vaccine distribution, or the role of the World Health Organization in shaping international health regulations.
• International Trade and Law: Recent shifts in international trade agreements and policies, such as Brexit and changes in the United States’ trade policies, have significant legal implications. Law students have the opportunity to delve into issues surrounding trade negotiations, tariffs, and the role of international bodies like the World Trade Organization in mediating global trade disputes. Additionally, the rise of protectionist policies and their legal ramifications offers a rich area for scholarly investigation.
• Social Justice and Law: Recent years have seen a marked increase in legal initiatives focused on social justice, including movements towards criminal justice reform, police accountability, and the decriminalization of certain activities. Law thesis topics could explore the legal frameworks surrounding prison reform, the abolition of cash bail systems, or the legalization of cannabis and its social, economic, and legal impacts.
• Environmental and Energy Law: With the urgent need for environmental sustainability, recent legal trends have increasingly focused on environmental and energy law. Topics for exploration include the transition to renewable energy sources, legal strategies for reducing carbon footprints, and the enforcement of international environmental agreements like the Paris Accord. Law students could also investigate the legal aspects of green technology patents and their role in promoting eco-friendly innovations.
• Corporate Responsibility and Ethics: There is a growing trend towards ensuring that corporations operate more transparently and ethically, particularly in relation to environmental, social, and governance (ESG) criteria. This shift has led to new regulations and legal standards, offering thesis topics on corporate governance reforms, the legal liabilities of ignoring climate change impacts, and the integration of corporate social responsibility into business operations.

These recent trends in law reflect a world where legal systems are rapidly adapting to external changes and internal pressures. For law students, engaging with these law thesis topics not only provides an opportunity to contribute to scholarly discourse but also to influence future legal practices and policies. As these trends continue to evolve, they will undoubtedly shape the legal landscape for years to come, providing ongoing opportunities for impactful legal research.

Future Directions in Law

The legal landscape is continually evolving, driven by shifts in technology, societal norms, and global dynamics. Identifying and understanding future directions in law is crucial for law students as they consider thesis topics that not only address current legal challenges but also anticipate upcoming legal trends. This exploration provides insights into potential legal reforms, the emergence of new legal fields, and the adaptation of law to future societal needs.

• The Expansion of Cyber Law: As digital technology becomes even more integrated into daily life, the future of law will increasingly hinge on addressing cyber-related issues. Future law thesis topics might explore regulations for the Internet of Things (IoT), legal responses to virtual realities, and the implications of quantum computing on data security and encryption. Additionally, the legalities of digital personhood and AI’s rights and responsibilities will challenge traditional legal frameworks and require innovative legal thinking.
• Climate Change Legislation: Climate change continues to be an urgent global issue, necessitating robust legal frameworks that promote environmental sustainability and mitigate harm. Future legal scholars might focus on international climate agreements, the development of national laws that enforce global climate goals, and the legal responsibilities of countries and corporations in reducing their carbon footprint. The role of law in promoting green technologies and sustainable urban planning will also be critical areas for research.
• Global Legal Cooperation: In an interconnected world, the future of law lies in global cooperation, particularly in areas like human rights, international trade, and public health. Law students could examine the potential for new international treaties, the evolution of supranational legal institutions, and the ways legal systems can work together to address issues such as migration, pandemics, and international crime.
• Legal Implications of Biotechnology: As biotechnological advancements continue, so too will their legal implications. Future thesis topics may include the regulation of genetic editing techniques, bioethics, bioprinting of human organs, and the patenting of biotechnological inventions. The balance between innovation and ethical considerations will be a significant focus, as will the protection of genetic data.
• Reforming Justice Systems: There is an ongoing need for justice system reform, particularly concerning equity, efficiency, and accessibility. Future directions in law could involve examining alternative dispute resolution mechanisms, the decriminalization of certain offenses, and reforms in sentencing practices. Additionally, the adoption of technology in the justice system, such as virtual courtrooms and AI in legal decision-making, presents both opportunities and challenges.
• The Future of Labor Law: The nature of work and the workplace is changing rapidly, prompted by technology and evolving business models. Future law thesis topics might include the legal status and rights of gig economy workers, the use of AI in workplace management, and the implications of remote work for labor law. Legal scholars will need to consider how labor laws can adapt to continue protecting workers’ rights in this new landscape.
• Protecting Rights in a Digital World: As personal and societal activities increasingly move online, protecting individual rights becomes more complex and essential. Future legal research could focus on digital identity, the right to digital privacy, and freedom of expression online. Legal frameworks will need to evolve to protect these rights adequately while balancing them against national security concerns and societal norms.

These future directions in law offer a glimpse into the potential challenges and areas of growth for the legal profession. For law students, engaging with these topics not only helps push the boundaries of current legal thought but also prepares them to play an active role in shaping the future of the legal landscape.

The exploration of law thesis topics is more than an academic requirement; it’s a chance to engage deeply with the legal issues that shape our society and influence our daily lives. As we have seen, the scope of potential topics spans from traditional legal analyses to emerging legal challenges brought about by technological and social changes. Whether addressing longstanding issues or anticipating future legal shifts, students equipped with the right thesis topic can contribute meaningfully to the discourse within their chosen field. Encouragingly, the breadth of law thesis topics offers endless possibilities for investigation and innovation, promising a rich tapestry of legal knowledge that will evolve with the changing world.

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Mapping the Topics, Trends, and Themes of Education Technology in Legal Education with Topic Modeling and Network Analysis

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• Kaisa Huhta   ORCID: orcid.org/0000-0001-9273-552X 11 ,
• Sonsoles López-Pernas   ORCID: orcid.org/0000-0002-9621-1392 12 &
• Mohammed Saqr   ORCID: orcid.org/0000-0001-5881-3109 12  

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Digital transformation varies markedly across disciplines in the way technologies are used, how much, and for what purposes to foster educational innovation. In legal education, they are used for various purposes to respond to the capacities and competencies that are required from contemporary lawyers and legal professionals. This article addresses a gap in existing research by approximating digital technologies and digital transformation in legal education research. It uses topic modeling and network analysis to explore digital transformation in legal education research and to demonstrate how digital technologies used for pedagogical purposes are reflected in legal education research. It finds that while digitalization is a clear recent trend in legal education research, the role of digital technologies in legal education research is not as strong as in other fields of higher education and that practical skills and the practice of law continue to have a central role in legal education irrespective of the education technologies used.

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Huhta, K., López-Pernas, S., Saqr, M. (2024). Mapping the Topics, Trends, and Themes of Education Technology in Legal Education with Topic Modeling and Network Analysis. In: Gonçalves, J.A.d.C., Lima, J.L.S.d.M., Coelho, J.P., García-Peñalvo, F.J., García-Holgado, A. (eds) Proceedings of TEEM 2023. TEEM 2023. Lecture Notes in Educational Technology. Springer, Singapore. https://doi.org/10.1007/978-981-97-1814-6_87

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INFORMATION TECHNOLOGY & THE FUTURE OF LEGAL EDUCATION: A PROVOCATION

2019, Griffith Journal of Law and Human Dignity

This short paper explores, albeit in a preliminary fashion, challenges to legal education arising from the significant impact of new information and communications technologies (ICTs) on law and legal practice. It uses the pervasiveness of ICTs to reframe the question of “law and technology” from a philosophical perspective that sees information technology as an “environmental force”2 that is capable of re-shaping our identity, agency, and social relations, and hence constitutes a significant means through which we make sense of the world.3 The key question the paper poses thus emerges: how should we design the law curriculum when the law-technology relation is itself understood as a critical part of a continuing and profound transformation in what it means to be both a lawyer, and a human being?

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Sukhninder Panesar

Center on the Legal Profession, Stanford Law School

I was fortunate last Fall to teach a new course at Stanford Law School that I called Legal Technology and Informatics. Legal informatics could be defined as a computational perspective of law: where legal information resides, and how it is manipulated and transmitted. In putting the course together, I had to select from a wide array of potential material that I thought was important to train a new generation of lawyers and “legal technologists”. In this article, I will discuss some of what I included and why. In addition, as the guest editor of this issue of The Bottom Line (TBL), I selected authors whom I thought were working in areas of interest to practitioners. My goal is to inform lawyers about some of the changes coming as a result of legal technology, as well as to help prepare them not only to utilize new methods, but also to help build them. Although there is a decades-old history to the application of technology to the law (e.g. the conferences ICAIL, JURIX, TREC), in many important ways legal technology and informatics is transforming into something new. It is not surprising that technology would invade and transform any field at some point. Law, though, is often a bastion of tradition and risk aversion (often for good reason), so it is also not surprising that law has not generally been among the early adopters of the “new new thing”. This is perhaps especially true under the pyramidbased, billable hour model of many law firms, where the incentives to capitalize on technological improvements in efficiency and accuracy are often absent. Nevertheless, it seems that the law is currently undergoing a transformation, in no small part due to technology, that is disrupting the status quo. As a result, TBL felt that it was important to highlight some of the changes afoot in the profession so that practitioners can better anticipate, accommodate, and even accelerate a new paradigm of law and legal practice. Throughout this article, I'll be introducing the other articles in this issue as they relate to some of the material I'm describing

Michele Pistone

For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy.2 That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties – declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt – that sometimes it seems the only debate is over whether the situation is best described as a “tsunami”3 or “a perfect storm.”4 Against this backdrop, which has heightened the desire for reform, technology offers the attractive possibility of making legal education both more efficient and more effective. This Article has two main aims. First, in Part II, it discusses some of the conditions that will push law schools to incorporate more learning technologies into our teaching methodologies in the coming years. Part III then provides an overview of some of the learning technologies that have gained prominence, as well as at least limited usage, in law schools in recent years.

Journal of the Australasian Law Academics Association

Aaron C Timoshanko

The role technology plays in the legal profession is growing. It is, therefore, incumbent on legal educators to prepare law students for a profession that leverages current and emerging technologies, while mitigating potential risks. A desktop analysis was performed on all technology-focused courses offered at Australian and New Zealand law schools and at the top five universities in the United States and the United Kingdom to identify common themes and characteristics. The authors then share their experiences teaching a technology-focused course at a small regional university. The aim of this article is to stimulate greater discussion about how universities teach technology into the law curriculum, not whether such a course is needed.

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Cyber Law Topics for Research in INDIA

Cyber law is a relatively new field of law that deals with the legal issues related to the use of the internet and technology. As technology continues to evolve, the legal landscape also changes, and it becomes essential to keep up with the latest developments in this area. Here are 50 cyber law topics for research in India:

• Cybercrime and its impact on the economy.
• Cybersecurity laws and their effectiveness in India.
• The role of the judiciary in dealing with cybercrime.
• Cyberbullying and the laws governing it in India.
• The use of social media as evidence in court.
• The role of the Indian government in cybercrime prevention.
• Data protection laws in India and their adequacy.
• The legality of online gambling in India.
• The right to privacy and its application in cyberspace.
• The impact of cybercrime on human rights.
• The challenges of cross-border cybercrime investigations.
• The role of the Indian police in investigating cybercrimes.
• Cyberstalking and the laws governing it in India.
• The impact of cybercrime on the banking sector.
• The use of artificial intelligence in cybercrime prevention.
• The regulation of cryptocurrency in India.
• The role of ethical hacking in preventing cybercrime.
• The impact of cybercrime on e-commerce in India.
• Cyberterrorism and the laws governing it in India.
• The effectiveness of cybercrime legislation in India.
• The challenges of cybercrime investigations in rural India.
• The role of social media in the spread of fake news.
• The legal implications of cyber espionage in India.
• The impact of cybercrime on intellectual property rights.
• The use of blockchain technology in preventing cybercrime.
• The legal implications of cyber warfare in India.
• The role of international law in dealing with cybercrime.
• The impact of cybercrime on the healthcare sector.
• The legal implications of data breaches in India.
• The use of biometrics in cybercrime prevention.
• The role of cyber insurance in mitigating cybercrime risks.
• The impact of cybercrime on the education sector.
• The legal implications of cyberstalking on minors.
• The use of big data in cybercrime prevention.
• The role of cybersecurity audits in preventing cybercrime.
• The impact of cybercrime on the tourism industry.
• The legal implications of cyberbullying on employees.
• The use of machine learning in cybercrime prevention.
• The role of cybersecurity awareness campaigns in preventing cybercrime.
• The impact of cybercrime on the entertainment industry.
• The legal implications of cyberstalking on women.
• The use of cloud computing in cybercrime prevention.
• The role of the private sector in preventing cybercrime.
• The impact of cybercrime on the insurance industry.
• The legal implications of cyberstalking on celebrities.
• The use of quantum computing in cybercrime prevention.
• The role of cybercrime victim support groups in India.
• The impact of cybercrime on the real estate sector.
• The legal implications of cyberstalking on politicians.
• The use of virtual reality in cybercrime prevention.

These are just a few examples of the many cyber law topics that you can research in India. As technology continues to evolve, there will always be new legal issues that need to be addressed, making this an exciting and constantly evolving field of law. Dissertation paper

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Americans’ views of offensive speech aren’t necessarily clear-cut

About six-in-ten U.S. adults (62%) say that “people being too easily offended by things others say” is a major problem in the country today.

In a separate question, 47% say that “people saying things that are very offensive to others” is a major problem, according to a Pew Research Center survey conducted in April.

Pew Research Center conducted this analysis to understand Americans’ views on whether offensive speech – and people being too easily offended by what others say – are major problems for the country. For this analysis, we surveyed 8,709 U.S. adults from April 8 to 14, 2024.

Everyone who took part in this survey is a member of the Center’s American Trends Panel (ATP), an online survey panel that is recruited through national, random sampling of residential addresses. This way nearly all U.S. adults have a chance of selection. The survey is weighted to be representative of the U.S. adult population by gender, race, ethnicity, partisan affiliation, education and other categories. Read more about the ATP’s methodology . Here are the questions used for this analysis , along with responses, and its methodology .

There are substantial differences in these views between Republicans and Democrats.

• Eight-in-ten Republicans and Republican-leaning independents say people being too easily offended by what others say is a major problem. By comparison, 45% of Democrats and Democratic leaners say the same.
• In contrast, Democrats are more likely than Republicans to say that people saying things that are very offensive is a major problem in the country today. A 59% majority of Democrats say this, compared with 34% of Republicans.

Looking at Americans’ views on these two questions together, about a third (32%) say that people being too easily offended by things others say and people saying very offensive things to others are both major problems.

About as many Americans (30%) say people taking offense too easily is a major problem, but very offensive speech is not. A much smaller share (15%) say that people saying very offensive things is a major problem, but people too easily taking offense isn’t. And another 23% say that neither is a major problem in the country.

Sizable shares within both parties say both issues are major problems – 30% of Republicans and 32% of Democrats say this.

However, half of Republicans, compared with just 12% of Democrats, say people being too easily offended is a major problem, but people saying very offensive things isn’t. Slightly more than half of conservative Republicans (53%) hold this combination of views, along with 44% of moderate and liberal Republicans.

By contrast, about a quarter of Democrats (26%) – and a third of liberal Democrats – say people saying very offensive things is a major problem, but people being too easily offended is not. Just 4% of Republicans hold this combination of views.

Another 29% of Democrats, but just 15% of Republicans, say neither of these is a major problem.

There are also significant demographic differences in attitudes about offensive speech.

Race and ethnicity

While at least half of Americans across racial and ethnic groups say being too easily offended is a major problem in the country, White adults are particularly likely to say this. Nearly two-thirds of White adults (65%) say this is a major problem, as do 59% of Hispanic, 59% of Asian and 50% of Black adults.

No more than about one-in-ten in any of these groups say people getting offended too easily is not a problem in the country today.

Conversely, Black (63%), Asian (58%) and Hispanic (55%) adults are more likely than White adults (42%) to say that people saying very offensive things to others is a major problem.

Men (62%) and women (63%) are about equally likely to say people being too easily offended is a major problem.

But women (54%) are far more likely than men (40%) to say offensive speech is a major problem.

Within political parties, there are some differences by gender, race and ethnicity on these questions.

On whether people being too easily offended is a major problem:

• Hispanic Republicans (71%) are less likely than White Republicans (83%) to say this is a major problem. (The sample size for Black and Asian Republicans is too small to evaluate these groups individually.)
• There are no gaps between men and women in either party.

On whether offensive speech is a major problem:

• Democratic and Republican women are more likely than men in their parties to say offensive speech is a major problem. Among Democrats, 63% of women and 54% of men say this. And in the GOP, 43% of women and 27% of men say the same.
• While roughly two-thirds of Black (67%), Hispanic (65%) and Asian Democrats (64%) say this is a major issue, a narrower majority of White Democrats (54%) share that view.

Note: This is an update of a post originally published Dec. 14, 2021. Here are the questions used for this analysis , along with responses, and its methodology .

• Discrimination & Prejudice
• Free Speech & Press
• Political Ideals & Systems

J. Baxter Oliphant is a senior researcher focusing on politics at Pew Research Center .

Many adults in East and Southeast Asia support free speech, are open to societal change

Americans’ views of technology companies, most americans say a free press is highly important to society, ­most americans favor restrictions on false information, violent content online, freedom of speech and lgbt rights: americans’ views of issues in supreme court case, most popular.

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Eu governments increased r&d allocations by 5% in 2023.

In 2023, the total government budget allocations for R&D (GBARD) across the EU stood at €123 684 million, equivalent to 0.73% of GDP. This was a 5.3% increase compared with 2022 (€117 424 million) and a 54.8% increase compared with 2013 (€79 886 million).

This information comes from  data on government budget allocations for R&D (GBARD) published by Eurostat today. The article presents a handful of findings from the more detailed Statistics Explained article .

In 2023, government budget allocations for R&D at the EU level stood at €275.6 per person, a 53.3% increase compared with 2013 (€181.0 per person). 

The highest allocations were recorded in Luxembourg (€646.6 per person), followed at a distance by Denmark (€552.4) and Germany (€529.3).

On the other hand, EU countries with the lowest R&D budget allocations per person were Romania (€21.2 per person), Bulgaria (€33.1) and Hungary (€48.1). 

Source dataset: gba_nabsfin07

Between 2013 and 2023, almost all EU governments increased their budget allocations for R&D in terms of € per person. The largest percentage increases were recorded in Latvia (+291% from €16.0 per person in 2013 to €62.6 in 2023), Poland (+147% from €37.8 to €93.3) and Bulgaria (+133% from €14.2 to €33.1). Hungary was the only EU country to register a decrease (-28% from €66.9 to €48.1).

More than a third of R&D budget goes to general university funds

The biggest share of the 2023 government budget allocations for R&D, namely 35.5%, was directed to the general advancement of knowledge, primarily financed by a public block grant known as public general university funds (GUF), which many public higher education institutions receive to support all their activities. Additionally, 17.3% of the GBARD was dedicated to the general advancement of knowledge from other sources than GUF, followed by 11.0% for industrial production and technology, 6.9% for health and 6.0% for exploration and exploitation of space. 

For more information

• Statistics Explained article on government budget allocations for R&D (GBARD)
• Thematic section to science, technology and innovation
• Database on government budget allocations

Methodological note

Provisional government budget allocations for R&D are all allocations assigned to R&D in central (federal) government, regional (state) and local (municipal) government. They, therefore, refer to budget provisions, not to actual expenditure, which may differ. Local government budget funds may not be included if their contribution is not significant or if the data cannot be collected.

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