Technology, Social Media and Law

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

Deadline for manuscript submissions: closed (30 April 2014) | Viewed by 128108

Special Issue Editor

Common Law Section, University of Ottawa, 57 Louis Pasteur St., Room 368, Ottawa, Ontario, K1N 6N5, Canada
Interests: societal and cultural impact of technology; gender and social media; court technology & access to justice; cyberfeminism; technology policy; privacy, equality, free expression and technology

Special Issue Information

Dear Colleagues,

This Special Issue of Laws, “Technology, Social Media and Law” focuses on the sometimes complex relationships between technology, social media and law, both in terms of: (i) substantive legal responses to social and cultural issues arising in connection with growing public engagement with technology and social media; and (ii) the procedural impacts and transformative potential of technology on traditional and emerging forms of dispute resolution.  Topics might include, but are not limited to:

  • cyberbullying
  • online harassment
  • sexting
  • online privacy and surveillance
  • social media in the courtroom
  • online dispute resolution
  • e-discovery
  • courtroom technologies
  • social media, legal practice and professionalism

Authors working on articles exploring substantive and/or procedural issues arising in relation to technology, social media and law are encouraged to contribute to this issue.  We welcome submissions from multiple jurisdictions and are open to a variety of approaches including: analyses of civil, administrative and criminal case law, evaluations of existing and proposed statutory approaches, and examinations of related social science evidence that could inform development of both substantive and procedural legal approaches to issues arising from technology and social media.

Professor Jane Bailey
Guest Editor

Manuscript Submission Information

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

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

Please visit the Instructions for Authors page before submitting a manuscript. Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.


Keywords

  • law
  • technology
  • social media
  • technology policy
  • court technology
  • access to justice

Published Papers (15 papers)

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Research

260 KiB  
Article
Reframing Risqué/Risky: Queer Temporalities, Teenage Sexting, and Freedom of Expression
by Lara Karaian and Katherine Van Meyl
Laws 2015, 4(1), 18-36; https://doi.org/10.3390/laws4010018 - 14 Jan 2015
Cited by 16 | Viewed by 9264
Abstract
Canada recognizes young people’s constitutionally protected freedom of expression and consequently their right to engage in a narrow subset of consensual sexually expressive practices without being prosecuted as child pornographers. Nevertheless, numerous anti-sexting campaigns decry the possibility of voluntary and “safe sexting” let [...] Read more.
Canada recognizes young people’s constitutionally protected freedom of expression and consequently their right to engage in a narrow subset of consensual sexually expressive practices without being prosecuted as child pornographers. Nevertheless, numerous anti-sexting campaigns decry the possibility of voluntary and “safe sexting” let alone the affordances of adolescents’ self-produced and consensually shared sexual imagery. In this article, we argue that these actors have erred in their construction of youths’ risqué imagery as inherently risky and thus governable. We propose that anti-sexting frameworks—which conflate consensual and nonconsensual sexting and which equate both with negative risks that purportedly outweigh the value and benefits of the practice—rely on a calculus that is fundamentally flawed. This article consists of two main parts. In Part I, we map and trouble the ways in which responses to consensual teenage sexting emphasize the practice’s relationship to embodied, financial, intimate and legal risks. In Part II, we suggest that research examining consensual adolescent sexting and young people’s rights to freedom of expression consider alternative theoretical frameworks, such as queer theories of temporality, when calculating the risk of harm of adolescent sexual imagery. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
265 KiB  
Article
Providing an Architecture Framework for Cyberjustice
by Benoit A. Aubert, Gilbert Babin and Hamza Aqallal
Laws 2014, 3(4), 721-743; https://doi.org/10.3390/laws3040721 - 17 Oct 2014
Cited by 35 | Viewed by 5162
Abstract
The paper illustrates how architecture can be used to show the contribution and the use of technology in the legal system. The models created enable the rapid identification of the stakeholders, their objectives, the technologies they use, and their goals. Such understanding helps [...] Read more.
The paper illustrates how architecture can be used to show the contribution and the use of technology in the legal system. The models created enable the rapid identification of the stakeholders, their objectives, the technologies they use, and their goals. Such understanding helps decision makers ensure that the tools and processes enabled by information technology (IT) are aligned with the goals of the legal system. The preliminary framework developed in the paper shows the feasibility and the contribution of such models on a larger scale. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
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211 KiB  
Article
The Impact of Social Networks and Mobile Technologies on the Revolutions in the Arab World—A Study of Egypt and Tunisia
by Alana Maurushat, Mohamed Chawki, Hadeel Al-Alosi and Yassin El Shazly
Laws 2014, 3(4), 674-692; https://doi.org/10.3390/laws3040674 - 09 Oct 2014
Cited by 44 | Viewed by 10946
Abstract
Revolts in Tunisia and Egypt have led many observers to speak of the “first digital revolution” in the Arab world. Social media sites, such as Twitter and Facebook, are now recognised as the important tools that facilitated the “Jasmine Revolution”. In fact, the [...] Read more.
Revolts in Tunisia and Egypt have led many observers to speak of the “first digital revolution” in the Arab world. Social media sites, such as Twitter and Facebook, are now recognised as the important tools that facilitated the “Jasmine Revolution”. In fact, the willingness of the Mubarak government to block all internet connection in Egypt has demonstrated the concern over the power of new technologies in facilitating political change. The tenacity of the social movements that are still on-going in the Arab world continues to demonstrate the important role that networked technologies—such as the internet, satellite channels and social networking sites—play in revolutions. The revolutions demonstrate an effective use of social media and other network technologies as an organisational tool, and as a means of asserting pressure on current rulers and future governments. Accordingly, this article seeks to expose freedom of expression as a fundamental democratic principle and the internet network as a vehicle driving the demonstrations in the Arab countries of Tunisia and Egypt. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
208 KiB  
Article
Does Avoiding Judicial Isolation Outweigh the Risks Related to “Professional Death by Facebook”?
by Karen Eltis
Laws 2014, 3(4), 636-650; https://doi.org/10.3390/laws3040636 - 29 Sep 2014
Cited by 12 | Viewed by 5176
Abstract
What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt [...] Read more.
What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt that fate, proactively addressing judicial social networking and its potential ramification for the administration of justice in the digital age? The immediate purpose of this article is to generate greater awareness of the issues specifically surrounding judicial social networking and to highlight some practical steps that those responsible for judicial training might consider in order to better equip judges for dealing with the exigencies of the digital realm. The focus is on understanding how to first recognize and then mitigate privacy and security risks in order to avoid bringing justice into disrepute through mishaps, and to stave off otherwise preventable incidents. This paper endeavors to provide a very brief overview of the emerging normative framework pertinent to the judicial use of social media, from a comparative perspective, concluding with some more practical (however preliminary) recommendations for more prudent and advised ESM use. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
263 KiB  
Article
Students vs. Jurors: Responding to Enhanced Video Technology
by Meredith Rossner, David Tait and Jane Goodman-Delahunty
Laws 2014, 3(3), 618-635; https://doi.org/10.3390/laws3030618 - 09 Sep 2014
Cited by 38 | Viewed by 6465
Abstract
This study investigated the influence of visual media technologies used in remote witness testimony, examining whether it is suitable to use students as mock jurors when measuring the impact of new technologies. A 2 × 2 mixed factorial design explored how student status [...] Read more.
This study investigated the influence of visual media technologies used in remote witness testimony, examining whether it is suitable to use students as mock jurors when measuring the impact of new technologies. A 2 × 2 mixed factorial design explored how student status impacted ratings of the quality of the technology and remote witness facilities. A sample of 79 students and non-empanelled jurors from the Victorian Metropolitan County Court viewed direct questioning of four lay witnesses who testified from a remote location via standard or enhanced video technology. Students differed significantly from jurors in their attitudes towards media and technology. In responding to technology enhancements, students were similar in rating changes in the quality of the technology, but differed significantly in how they rated changes to the design of remote witness facilities. Students were thus a suitable sample to measure the effect of technological change in court on perceptions of technology, but not on perceptions of design. We conclude by stressing such technology enhancements can improve the quality of experience for all jurors. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
217 KiB  
Article
Cyberbullying at Work: In Search of Effective Guidance
by Bettina West, Mary Foster, Avner Levin, Jocelyn Edmison and Daniela Robibero
Laws 2014, 3(3), 598-617; https://doi.org/10.3390/laws3030598 - 27 Aug 2014
Cited by 31 | Viewed by 9212
Abstract
With rapid technological change has come a blurring of boundaries between personal and workplace space. Employers are challenged to develop guidelines and policies to direct the appropriate use of technology to maintain a civil workplace. Because of the lack of shared understanding, or [...] Read more.
With rapid technological change has come a blurring of boundaries between personal and workplace space. Employers are challenged to develop guidelines and policies to direct the appropriate use of technology to maintain a civil workplace. Because of the lack of shared understanding, or even terminology, around the issue of cyberbullying, employers are seeking a response from lawmakers to assist with this issue. Lawmakers are reluctant to develop legislation prematurely, given the rapid change in the capabilities of technology, the diverse social norms about its use, and the uncertainty of the role and responsibility of employers in minimizing cyberbullying and facilitating a civil workplace environment. This Canadian study seeks insight into these emerging issues through in-depth interviews with human resource professionals representing diverse business and industry sectors. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
250 KiB  
Article
A Pirate too Needs to be Heard: Procedural Compromises in Online Copyright Infringement Cases in the UK
by Poorna Mysoor
Laws 2014, 3(3), 553-579; https://doi.org/10.3390/laws3030553 - 22 Aug 2014
Cited by 43 | Viewed by 5993
Abstract
Online copyright infringement is one of the toughest challenges the content industry has faced in the twenty first century. Article 8(3) of the Information Society Directive, implemented under section 97A of the UK Copyright, Designs and Patents Act, 1988, provides an injunctive remedy [...] Read more.
Online copyright infringement is one of the toughest challenges the content industry has faced in the twenty first century. Article 8(3) of the Information Society Directive, implemented under section 97A of the UK Copyright, Designs and Patents Act, 1988, provides an injunctive remedy in response to such online infringement. Given the elusive nature of the website operators and the sheer number of their users, rights owners have turned to the Internet Service Providers (ISPs) to implement the injunctions granted under section 97A to block websites with infringing content. In their battle to keep pace with online infringers, the UK courts have permitted significant compromises to the procedures while granting these injunctive blocking orders. One of the pioneers in this line of cases in the UK is the Pirate Bay case (TPB case), which ruled as a matter of law that the procedure under Section 97A does not require the alleged infringers to be made parties to those proceedings. TPB case also marks the trend of the ISPs consenting to an order of injunction, and not defending the proceedings. This has resulted in the absence of any adverse party in the proceedings under section 97A. This threatens the basic tenets of procedural fairness and propriety, having adverse consequences on both the substantive and procedural aspects, evident in the cases that followed TPB case. This article examines the aspects of the judgment in TPB case that led to these procedural compromises, whether it had any basis in the pre-existing case law, what the nature of an injunction under section 97A is and how the subsequent line of cases have followed TPB case as a precedent. It further explores the adverse consequences of the procedural compromises and whether any safeguards are available against such compromises. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
243 KiB  
Article
Crowdsourcing Sexual Objectification
by Carissima Mathen
Laws 2014, 3(3), 529-552; https://doi.org/10.3390/laws3030529 - 06 Aug 2014
Cited by 45 | Viewed by 8208
Abstract
This paper analyzes the criminal offence of the non-consensual distribution of intimate images (what some call “revenge porn”). Focussing on the debate currently underway in Canada, it notes that such an offence would fill a grey area in that country’s criminal law. Arguing, [...] Read more.
This paper analyzes the criminal offence of the non-consensual distribution of intimate images (what some call “revenge porn”). Focussing on the debate currently underway in Canada, it notes that such an offence would fill a grey area in that country’s criminal law. Arguing, more broadly, that the criminal law has an important expressive function, the paper posits that the offence targets the same general type of wrongdoing—sexual objectification—that undergirds sexual assault. While not all objectification merits criminal sanction, the paper explains why the non-consensual distribution of intimate images does and why a specific offence is legitimate. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
222 KiB  
Article
From Research “Involving” Humans to Research “Affecting” Humans: A Proposal for a Principled Expansion of Research Ethics’ Jurisdiction to Create Traction for a Philosophy of Technology
by Madelaine Saginur
Laws 2014, 3(3), 509-528; https://doi.org/10.3390/laws3030509 - 04 Aug 2014
Cited by 71 | Viewed by 3925
Abstract
The field of research ethics offers a new approach to addressing the issues created by the unchecked development of technology. Research ethics could make a contribution, both substantively and procedurally, to help create a framework for reviewing the social and political consequences of [...] Read more.
The field of research ethics offers a new approach to addressing the issues created by the unchecked development of technology. Research ethics could make a contribution, both substantively and procedurally, to help create a framework for reviewing the social and political consequences of actual or proposed technological developments. This paper puts forth a proposal for a principled expansion of research ethics’ jurisdiction, specifically a move from “Research Involving Humans” to “Research Affecting Humans”, and undertakes a case study of “Web 2.0” to analyze whether a philosophy of technology based on research ethics might work. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
298 KiB  
Article
Networked Memory Project: A Policy Thought Experiment for the Archiving of Social Networks by the Library of Congress of the United States
by Chloé S. Georas
Laws 2014, 3(3), 469-508; https://doi.org/10.3390/laws3030469 - 31 Jul 2014
Cited by 15 | Viewed by 5498
Abstract
This article explores the challenges posed by an archival interest in the broad palimpsest of daily life left on social networks that are controlled by private corporations. It addresses whether social networks should be archived for the benefit of future generations and proposes [...] Read more.
This article explores the challenges posed by an archival interest in the broad palimpsest of daily life left on social networks that are controlled by private corporations. It addresses whether social networks should be archived for the benefit of future generations and proposes a policy thought experiment to help grapple with these questions, namely, the proposal for the formation of the public interest-oriented Networked Memory Project by the Library of Congress for the archiving of social networks. My discussion of the challenges posed by this thought experiment will focus on the U.S. legal framework within which the Library of Congress operates and take Facebook. To the extent that social networks have user-generated contents that range from the highly “private” to “public” as opposed to other networked platforms that contain materials that are considered “public”, the bar for the historical archival of social networks is much higher. Almost every archival effort must contend with the legal hurdle of copyright, but the archiving of social networks must also address how to handle the potentially sensitive nature of materials that are considered “private” from the perspective of the social and legal constructions of privacy. My theoretical exercise of proposing the formation of the Networked Memory Project by the Library of Congress responds to the need to consider the benefits of a public interest-oriented archive of social networks that can counter the drawbacks of the incidental corporate archiving taking place on social networks. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
264 KiB  
Article
Regulating Direct-to-Consumer Advertising of Prescription Drugs in the Digital Age
by Shannon Gibson
Laws 2014, 3(3), 410-438; https://doi.org/10.3390/laws3030410 - 09 Jul 2014
Cited by 17 | Viewed by 10166
Abstract
The increasing prominence of new Internet and social media technologies and their growing importance as a source of health information are pushing the pharmaceutical industry towards digital channels. This paper explores the potential impacts of the pharmaceutical industry’s increasing interest in online marketing [...] Read more.
The increasing prominence of new Internet and social media technologies and their growing importance as a source of health information are pushing the pharmaceutical industry towards digital channels. This paper explores the potential impacts of the pharmaceutical industry’s increasing interest in online marketing and considers how the existing regulatory framework in Canada translates into the social media sphere. Direct-to-consumer advertising (DTCA) of prescription drugs is prohibited in Canada, as it is in most industrialized countries. Although Health Canada has reaffirmed that the existing DTCA regulations apply to new Internet and social media technologies, new dynamics such as user-generated content, consumer propagation, and targeted marketing make applying the existing regulations an uncertain process. Moreover, certain problems often associated with DTCA may be exacerbated in the social media context. Finally, there is skepticism around whether government regulators have the resources or political will to effectively monitor new digital media. As such, this paper considers not only the role of direct government regulation in monitoring and enforcing the regulation of DTCA, but also the role of third party oversight and industry self-regulation—both of which may play an important role in filling the gaps in the regulation of the Internet and social media. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
229 KiB  
Article
Jones-ing” for a Solution: Commercial Street Surveillance and Privacy Torts in Canada
by Stuart Hargreaves
Laws 2014, 3(3), 388-409; https://doi.org/10.3390/laws3030388 - 04 Jul 2014
Cited by 9 | Viewed by 6562
Abstract
While street surveillance technologies such as Google Street View are deployed with no discriminatory intent, there is selective scrutiny applied to the published imagery by the anonymous crowd. Disproportionately directed at women and members of ethnic minority groups, this scrutiny means the social [...] Read more.
While street surveillance technologies such as Google Street View are deployed with no discriminatory intent, there is selective scrutiny applied to the published imagery by the anonymous crowd. Disproportionately directed at women and members of ethnic minority groups, this scrutiny means the social risks of street surveillance are not equal. This paper considers the possibility of invasion of privacy actions in tort brought against the commercial service provider as a possible solution. Analysis suggests that Canadian law has evolved in a way such that it is exceedingly difficult to make a claim for “privacy” in tort when the plaintiff is located in public space. This evolution exists in order to ensure that innocuous behavior not be rendered actionable. Furthermore, conceptual reasons exist to suggest that actions in tort are unlikely to be the best solution to the problems posed by commercial street surveillance. While any individual case of embarrassment or nuisance matters, broader “macro-harms” that impact entire communities reflect perhaps the most serious problem associated with the selective scrutiny of street surveillance imagery. Yet, it seems difficult to justify attaching liability for those harms to the commercial providers. While limits need to be placed on the operation of these street surveillance programmes, it is unlikely that invasion of privacy actions are the most effective way to achieve that goal. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
523 KiB  
Article
Designing and Implementing e-Justice Systems: Some Lessons Learned from EU and Canadian Examples
by Giampiero Lupo and Jane Bailey
Laws 2014, 3(2), 353-387; https://doi.org/10.3390/laws3020353 - 24 Jun 2014
Cited by 21 | Viewed by 14516
Abstract
Access to justice has become an important issue in many justice systems around the world. Increasingly, technology is seen as a potential facilitator of access to justice, particularly in terms of improving justice sector efficiency. The international diffusion of information systems (IS) within [...] Read more.
Access to justice has become an important issue in many justice systems around the world. Increasingly, technology is seen as a potential facilitator of access to justice, particularly in terms of improving justice sector efficiency. The international diffusion of information systems (IS) within the justice sector raises the important question of how to insure quality performance. The IS literature has stressed a set of general design principles for the implementation of complex information technology systems that have also been applied to these systems in the justice sector. However, an emerging e-justice literature emphasizes the significance of unique law and technology concerns that are especially relevant to implementing and evaluating information technology systems in the justice sector specifically. Moreover, there is growing recognition that both principles relating to the design of information technology systems themselves (“system design principles”), as well as to designing and managing the processes by which systems are created and implemented (“design management principles”) can be critical to positive outcomes. This paper uses six e-justice system examples to illustrate and elaborate upon the system design and design management principles in a manner intended to assist an interdisciplinary legal audience to better understand how these principles might impact upon a system’s ability to improve access to justice: three European examples (Italian Trial Online; English and Welsh Money Claim Online; the trans-border European Union e-CODEX) and three Canadian examples (Ontario’s Integrated Justice Project (IJP), Ontario’s Court Information Management System (CIMS), and British Columbia’s eCourt project). Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
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245 KiB  
Article
Revisiting Privacy and Dignity: Online Shaming in the Global E-Village
by Anne S.Y. Cheung
Laws 2014, 3(2), 301-326; https://doi.org/10.3390/laws3020301 - 06 Jun 2014
Cited by 24 | Viewed by 14820
Abstract
Since the introduction of new Web-based technology in the early 21st century, online shaming against those who have violated social norms has been proliferating fast in cyberspace. We have witnessed personal information of targeted individuals being disclosed and displayed for the purpose of [...] Read more.
Since the introduction of new Web-based technology in the early 21st century, online shaming against those who have violated social norms has been proliferating fast in cyberspace. We have witnessed personal information of targeted individuals being disclosed and displayed for the purpose of humiliation and social condemnation by the anonymous Internet crowd, followed often by harassment and abusive behavior online and offline, resulting in serious disruption of personal life. While public shaming as a form of criminal sanction has been widely discussed in present literature, social policing by shaming transgressions via the Internet is largely a new terrain yet to be explored and studied. Drawing on socio-legal literature on shaming and punishment, and jurisprudence from the English Courts on defamation, harassment and misuse of personal information and the European Court of Human Rights on the relationship between the right to private life and dignity, the discussion will explain how the role of dignity has informed the development of the right to privacy where its value has played a distinctive role. This refers especially to the context in which the plaintiffs could be said to be partly at fault as transgressor-victims. It argues that the recognition and protection of the dignity and privacy of an individual is necessary in order to arrive at norms and values inherent in decent participation in the e-village. In this article, the term “dignity” refers to one’s innate personhood, integrity and self-respect. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
205 KiB  
Article
Access to Justice for Persons with Disabilities: An Emerging Strategy
by David Allen Larson
Laws 2014, 3(2), 220-238; https://doi.org/10.3390/laws3020220 - 27 May 2014
Cited by 54 | Viewed by 9484
Abstract
Persons with disabilities often find themselves marginalized by society and by our justice systems. We can improve access to justice by training better advocates. Advocates not only must be knowledgeable concerning relevant laws and regulations, but also must be able to interact effectively [...] Read more.
Persons with disabilities often find themselves marginalized by society and by our justice systems. We can improve access to justice by training better advocates. Advocates not only must be knowledgeable concerning relevant laws and regulations, but also must be able to interact effectively on a personal, professional level with persons who have disabilities. We also want to make certain that persons with disabilities have the opportunity to learn to advocate for themselves and for other persons with disabilities. Technologies are available that can help us accomplish these goals. This article provides a brief survey of legal protections (and gaps in such protection) for persons with disabilities. Successful advocate training programs from around the world are identified and described. The article provides examples of how technology is being used to support these efforts and provides suggestions regarding additional ways in which technology could be employed. Law schools around the world have begun to embrace the goal of better advocacy, but improving access will require well-prepared advocates to answer the call. Training advocates to provide services to a population that may have significantly different needs even within that population may be a more efficient and effective way to improve access to justice than by attempting to draft laws and regulations that somehow address all possible circumstances. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
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