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.
Contract Terms in the Philippines: Incorporation, Interpretation, Implication, and Unfair Terms
in M Chen-Wishart and S Vogenauer (eds), Studies in the Contract Laws of Asia III: Contents of Contracts and Unfair Terms (Oxford University Press 2020)
Philippine contract law is a hybrid legal system that is founded on, and draws from, both civil and common law traditions. With regards to the contents of contracts, the fundamental principle is freedom of contract or party autonomy. Parties may agree to any terms and conditions as long as these are not against law, public policy, public order, or social customs and morals. The Philippines subscribes to the subjective interpretation of contracts. While courts will not normally imply terms into a contract that were not expressly agreed to by the parties, once a contract is perfected, the parties are bound to comply with all of the natural consequences of the contract including matters concerning law, custom, and usage. Under Philippine consumer protection law, deceptive, unfair, or unconscionable acts or practices are prohibited. Moreover, contractual waivers or exemptions from liability are proscribed under the Consumer Act of the Philippines.
Laws of encryption: An emerging legal framework
(2021) 43 Computer Law & Security Review
This article examines the emerging legal framework of encryption. It reviews the different categories of law that make up this legal framework, namely: export control laws, substantive cybercrime laws, criminal procedure laws, human rights laws, and cybersecurity laws. These laws are analysed according to which of the three regulatory subjects or targets they specifically address: the technology of encryption, the parties to encryption, or encrypted data and communications. For each category of law, illustrative examples of international and national laws are discussed. This article argues that understanding the legal framework of encryption is essential to determining how this technology is currently regulated and how these regulations can be improved. It concludes that the legal framework is the key to discerning the present state and future direction of encryption laws and policies.
A pluralist and interdisciplinary approach to encryption regulation
 New Zealand Law Journal 332
The article proposes a pluralist and interdisciplinary approach to the development of encryption regulation. Such an approach requires going beyond prevailing legal centralist and instrumentalist mindsets. The article explains the benefits of adopting the concept of legal pluralism and applying an interdisciplinary method that examines not just the legal, but also the technical and social dimensions of encryption. It discusses how the recognition of technical and social principles and values concerning encryption can result in better-grounded encryption laws and policies.