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 hack- ing 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.

book chapters

Substantive and Procedural Legislation in the Philippines to Combat Webcam-Related Child Sexual Abuse
E-Discovery in the Philippines

with JJ Disini, in B Tan, M Lew and B Ang (eds), A Practical Guide to E-Discovery in Asia (LexisNexis 2017)

Although the Philippines does not have special or extensive rules on e-discovery, procedural rules adopted by the Supreme Court, particularly the Rules of Civil Procedure and the Rules on Electronic Evidence and statutes like the Electronic Commerce Act provide a basic yet workable legal framework for the conduct of e-discovery processes in the country.

Rules of a networked society: Here, there and everywhere

in R Leenes and E Kosta (eds), Bridging Distances in Technology and Regulation (Wolf Legal Publishers 2013)

With the ever-increasing informatization and technologization of society, technological rules and actors are playing a greater role in the governance of the digital and connected world. This paper argues that, in order to better understand how the networked information society is organized and operates now and in the near future, it is important to develop and adopt a pluralist, rules-based approach to the study of law and technology. This means coming to terms with and taking seriously the plural legal and extra-legal rules, norms, codes, and principles that influence behavior and determine the state and degree of normativity in society. The proposed approach can be handily applied to the case of hackers. From a pluralist perspective, hacking is not simply a problem to be solved but a complex, techno-social phenomenon that needs to be properly observed and understood. Adopting a pluralist approach to law and technology study can be valuable since multiple persons, things and rules do profoundly shape the world we live in. This rules-based approach can potentially bridge the distance between law and technology and bring them ever closer together.

From regulating technologies to governing society: Towards a plural, social and interactive conception of law

in H Morgan and R Morris (eds), Moving Forward: Tradition and Transformation (Cambridge Scholars Publishing 2012)

The challenges of controlling the internet and regulating the information society have been seen through different and opposing schools of thought. At first, people with a libertarian bent believed that the internet could not be regulated. This utopian view was later countered by those who held that not only could the internet be regulated but it could be regulated almost perfectly. The problem with the first view is that it falls into the trap of technological determinism (or the belief that the internet is autonomous and it cannot and should not be regulated), while the second one falls into the trap of instrumentalism (the assumption that technology is completely subject to human agency and control). This paper argues that a way out of the twin regulatory dilemmas of technological determinism and instrumentalism requires a paradigm shift in how regulation of technology is understood within computer-mediated societies. The issue of technological regulation is less about the control of technology per se and is more concerned with the governance of and participation in the information society itself. What is therefore suggested is an interdisciplinary socio-techno-legal approach to problems brought about by new technologies that takes account of the condition of interlegality that exists within and across transnational social networks.

in S van der Hof and others (eds), Sweetie 2.0: Using Artificial Intelligence to Fight Webcam Child Sex Tourism (T.M.C. Asser Press 2019)

This chapter examines the criminal laws and procedural rules in the Philippines that apply to webcam or online child sexual abuse. It analyzes the relevant treaties, legislation and case law, particularly those relating to sexual offenses involving minors and cybercrime investigations. The chapter also tackles specific legal issues concerning the use of Sweetie 2.0 in combating webcam-related child sexual abuse including child pornography, cybersex, child sex tourism, entrapment, and criminal investigations in an online context. Based on the research, many of the sex-related crimes under Philippine law can be used to investigate and prosecute the sexual abuse and exploitation of real children and minors via webcam or other similar means or media. However, most of these crimes do not apply in the case of Sweetie 2.0 because they require as an essential element for their commission the involvement of a real child or minor victim. 

journal articles

Laws and Networks: Legal Pluralism in Information and Communications Technology

(2011) 15 Journal of Internet Law 1

This article analyses information and communications technology (ICT) law from the perspective of legal pluralism. It argues that studying legal pluralism within the ICT field advances both the understanding of legal pluralism and the development of ICT law. The author believes that the real challenge for ICT legal scholars and practitioners is to break free from a deeply ingrained legal centralist mindset and genuinely strive to see the dynamic networks of interactions among plural legal orders, actors and networks. This requires imagining law in relation to the ICT field not as a decentralised network but as a distributed network where power is dispersed and similarly shared by diverse and active participants across the inter-network.

Does Technology Trump Intellectual Property?: Re-framing the Debate About Regulating New Technologies

(2011) 8:2 SCRIPTed 124

Does technology trump intellectual property rights (IPR)? In the Metro-Goldwyn-Mayer Studios v Grokster case, Justice Breyer believes this to be so. This article will analyse whether Justice Breyer’s belief has valid legal and empirical bases in light of the different cases and legislations that seek to resolve the challenges brought about by new technologies vis-à-vis IPRs. This article argues that the proposition that law favours technology over IPRs requires further qualification in order to prevent one from falling into the traps of technological determinism, instrumentalism and the belief in the neutrality of technology. A re-framing of the debate is needed which goes beyond the traditional technology versus IP dichotomy and focuses on the main goal of technological development and IP protection, which is to advance innovation in its broadest sense.

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