books and long-form works
A Socio-Legal Study of Hacking: Breaking and Remaking Law and Technology
The relationship between hacking and the law has always been complex and conflict-ridden. This book examines the relations and interactions between hacking and the law with a view to understanding how hackers influence and are influenced by technology laws and policies. In our increasingly digital and connected world where hackers play a significant role in determining the structures, configurations and operations of the networked information society, this book delivers an interdisciplinary study of the practices, norms and values of hackers and how they conflict and correspond with the aims and aspirations of hacking-related laws. Describing and analyzing the legal and normative impact of hacking, as well as proposing new approaches to its regulation and governance, this book makes an essential contribution to understanding the socio-technical changes, and consequent legal challenges, faced by our contemporary connected society.
A matter of security, privacy and trust: A study of the principles and values of encryption in New Zealand
The principal objective of this study is to identify the principles and values of encryption in New Zealand with a view to informing future developments of encryption-related laws and policies. The overarching question is: What are the fundamental principles and values that apply to encryption? In order to answer this question, the study adopts an interdisciplinary approach that examines the technical, legal and social dimensions of encryption. With regard to the technical dimensions, this requires exploring the technical elements and aspects of encryption and how they can impact law and society. In relation to law, existing and proposed encryption law and policies in New Zealand and other jurisdictions are examined in terms of how they affect and are affected by encryption. On the social dimension, the perceptions, opinions and beliefs of three groups of stakeholders most concerned about encryption (i.e., the general public, businesses and government) are recognised and considered.
Breaking and remaking law and technology: A socio-techno-legal study of hacking
In an increasingly digital and connected world, technological groups like hackers play a significant role in the workings and governance of society. This book examines the relations and interactions between hacking and the law by focusing on two types of hackers: makers and hacktivists. The central research question of the book is: In relation to their technologies, norms and values, how do makers and hacktivists interact with and respond to technology laws and policies? Since the research lies at the intersection of law, technology and society, the book adopts an interdisciplinary socio-techno-legal approach that combines the fields of technology law, science and technology studies, and socio-legal studies. The book aims to contribute to a better understanding of the legal and normative impact of hackers and to improve approaches to the regulation and governance of technology.
Invalidity of Contract in the Philippines: Grounds for Annulment Based on Defects of Intellect and Will
with Jose Jesus M Disini, in M Chen-Wishart, H Sono and S Vogenauer (eds), Studies in the Contract Laws of Asia IV: Invalidity (Oxford University Press 2022)
The chapter explains the Philippine laws and rules on invalidity of contracts. Under Philippine law, a voidable contract is a particular kind of defective contract that is invalid because of a defect in consent. A party’s consent may be impaired due to erroneous belief (mistake or fraud) or reprehensible conduct (violence, intimidation, or undue influence). Mistake is generally understood to be a false belief or notion about something that is material to the contract. On its part, fraud is committed through the use of insidious words or machinations to induce another party to enter into a contract. Violence involves the use of serious or irresistible force to compel a party’s consent, whereas intimation is carried out through threats or actions that produce a reasonable and well-grounded fear of an imminent and grave evil on the part of the other party. Undue influence is present when a party takes improper advantage of his or her power over the will of another. A voidable contract is subject to an action for annulment. But, prior to annulment, a voidable contract is valid and binding and produces legal effects. When a court annuls a voidable contract, the parties are subject to a number of duties including the obligation of mutual restitution.
Social conceptions versus legal protections of privacy and information security in the context of encryption
(2022) Information & Communications Technology Law
This article examines the disconnect between people’s social conceptions of privacy and information security in relation to encryption vis-à-vis the legal protections offered by law. It describes the social conceptions and expectations of participants based in New Zealand and contrasts these with the applicable laws and legal protections concerning privacy, information security and encryption. In light of incongruence between the social and the legal, the article recommends law and policy developments to better align and connect people’s social conceptions of privacy and information security with the legal protections provided by law. This includes having greater awareness of the relevance of civil and criminal procedure rights to privacy and information security in the context of encryption and providing stronger legal protections to the right against unreasonable search and seizure and the privilege against self-incrimination.