Week 1
➢ Technology law is not one body of law it is a framework that analyzes how law is affected by
technological advancements.
→ Law
• a system of rules that are created and enforced through social or governmental institutions to
regulate behavior
• a system that regulates and ensures that individuals or a community adhere to the will of the
state
→ Technology
• the application of scientific knowledge for practical purposes, especially in industry
• machinery and equipment developed from the application of scientific knowledge
• the branch of knowledge dealing with engineering or applied science
• Relations between the state and individual, between states and between people
Traditional law answers the question:
“How does the rule of law affect individuals within the environment over which this law is effective?”
- Is Technology Law more of the same? …is it the ‘Law of the Horse’?
Law of the horse
"[...] the best way to learn the law applicable to specialized endeavours is to study general rules.
Lots of cases deal with sales of horses; others deal with people kicked by horses; still more deal with the
licensing and racing of horses, or with the care veterinarians give to horses, or with prices at horse shows.
Any effort to collect these strands into a course on 'The law of the Horse' is doomed to be shallow and to
miss unifying principles.
- The debate was between traditionalists and technology law
- TRADITIONALISTS: who said that we don’t need a new law to govern technology, just
use current laws to apply it in a digital dimension. Rely on existing law domains and
apply them to the digital aspect
- TECHNOLOGY LAWYER: The other argument was that the cyberspace is coded, it has
its architecture with a different social environment. The cyberspace is so unique it
changes our social interactions and there are specifics of the cyberspace that need to be
studied. The legal tools must be analysed as to whether they can be applied digitally, so
must create new ones
Technology Law answers the question:
“How does the environment over which the law seeks to be effective affect the rule of law?
,What is a legal disruption?
= serious challenges to traditional legal values and traditional legal rules
Main Challenges
1. Shift from ownership or control of things to ownership of or control over information
2. New and revolutionary model to market and deliver products or services
3. Shift from rivalrous to non-rivalrous & tangible to intangible
- From a scientific endeavour to an everyday reality
- Digital Convergence is one manner of legal disruption (how phone has melded camera, calling
listening to music)
- From goods to services
- Information has become the main item of transaction (information society/economy)
→ Mass gathering and monetization of data – commodification of information
→ Informational goods are non-rivalrous and non tangible
→ Goods
- Tangible/intangible
- Value is monetary or otherwise
- Information is valuable. It is also (almost) infinitely scalable, non-rivalrous and non-tangible
How do we protect the value of information in an age where it is instantly replicable,
transmissible and is almost infinitely scalable?
UK LAW
‘A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention
to permanently deprive the other of it.’
- What about copying a MP3 music file without the permission of the owner?
How can the rigidity of law be adapted to the inconsistent and fast growing environment of technology ?
Do we need to regulate the information society?
- Not so clear cut as no distinct jurisdiction or effective area of coverage
→ At every level there should be regulation
Net Neutrality – Data packets on the internet should be moved impartially, without regard to content,
destination or source Internet service providers (ISPs) treat all online traffic equally and openly, without
discrimination, blocking, throttling or prioritisation
,N.B. Open internet access v Market power
How technology works
→ An infrastructure layer of deep sea cables linking all different countries
❖ The TCP/IP breaks the info into packets sent through routers and reassembled at the end
➢ If the information provider determines how the information travels through routers then
there is no:
• Freedom from monopolies
• Freedom of online speech
• Freedom to use any applications and services without interference
• Freedom to visit any website at the fastest browsing speed
Legislation protecting users
Regulation (EU) 2015/2120 on Open Internet Access
• Four important principles (arts 3 & 4)
1. No blocking (of lawful content, applications, services or non-harmful devices)
2. No throttling/limits on the speed
3. No discrimination of online content, applications and services
4. Transparency (and proportionality) of measures– providers must disclose information regarding
their network management practices, performance and the commercial terms of service
Relevant Cases
Concluding Thoughts/Dilemmas
1. Technology disrupts the traditional legal system
2. Lawmakers have choices:
- Keep to traditional principles and let the courts interpret/apply for new situations
- Introduce new rules
- Mix both old and new
- Move away from law…let code regulate, let the market regulate
3. Which lawmaker?
, N.B. Law so far has protected the container, technology law needs to protect the content coming from the
container
Working Group Additions
➔ Pros and cons of ISP accessing your data
- Issues
● Privacy
● Targeted advertising
● Social isolation and stagnation of content due to algorithms
- Benefits
● More accurate info or media
➢ Exam question structure
1. Explain the apparent issue (cybercrime, data regulation, net neutrality etc…)
2. State which regulation it violates and state the relevant articles
a. Explain who the subject of the regulation is
b. Explain what it requires of the subject
3. Support with relevant case law ruling
DEFINITIONS:
→ Internet service provider
= Role of sending packages of data to the corresponding IP address /// transfer information from
one address through the internet to another address
→ Internet
= network of networks
→ Arguments against Net Neutrality
● Effects profitability for Content provider and ISP
● Can deter innovation into internet access
● Does not create competition
Regulation (EU) 2015/2120 on Open Internet Access (ROIA)
➔ What does it require from the subject?
➢ Technology law is not one body of law it is a framework that analyzes how law is affected by
technological advancements.
→ Law
• a system of rules that are created and enforced through social or governmental institutions to
regulate behavior
• a system that regulates and ensures that individuals or a community adhere to the will of the
state
→ Technology
• the application of scientific knowledge for practical purposes, especially in industry
• machinery and equipment developed from the application of scientific knowledge
• the branch of knowledge dealing with engineering or applied science
• Relations between the state and individual, between states and between people
Traditional law answers the question:
“How does the rule of law affect individuals within the environment over which this law is effective?”
- Is Technology Law more of the same? …is it the ‘Law of the Horse’?
Law of the horse
"[...] the best way to learn the law applicable to specialized endeavours is to study general rules.
Lots of cases deal with sales of horses; others deal with people kicked by horses; still more deal with the
licensing and racing of horses, or with the care veterinarians give to horses, or with prices at horse shows.
Any effort to collect these strands into a course on 'The law of the Horse' is doomed to be shallow and to
miss unifying principles.
- The debate was between traditionalists and technology law
- TRADITIONALISTS: who said that we don’t need a new law to govern technology, just
use current laws to apply it in a digital dimension. Rely on existing law domains and
apply them to the digital aspect
- TECHNOLOGY LAWYER: The other argument was that the cyberspace is coded, it has
its architecture with a different social environment. The cyberspace is so unique it
changes our social interactions and there are specifics of the cyberspace that need to be
studied. The legal tools must be analysed as to whether they can be applied digitally, so
must create new ones
Technology Law answers the question:
“How does the environment over which the law seeks to be effective affect the rule of law?
,What is a legal disruption?
= serious challenges to traditional legal values and traditional legal rules
Main Challenges
1. Shift from ownership or control of things to ownership of or control over information
2. New and revolutionary model to market and deliver products or services
3. Shift from rivalrous to non-rivalrous & tangible to intangible
- From a scientific endeavour to an everyday reality
- Digital Convergence is one manner of legal disruption (how phone has melded camera, calling
listening to music)
- From goods to services
- Information has become the main item of transaction (information society/economy)
→ Mass gathering and monetization of data – commodification of information
→ Informational goods are non-rivalrous and non tangible
→ Goods
- Tangible/intangible
- Value is monetary or otherwise
- Information is valuable. It is also (almost) infinitely scalable, non-rivalrous and non-tangible
How do we protect the value of information in an age where it is instantly replicable,
transmissible and is almost infinitely scalable?
UK LAW
‘A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention
to permanently deprive the other of it.’
- What about copying a MP3 music file without the permission of the owner?
How can the rigidity of law be adapted to the inconsistent and fast growing environment of technology ?
Do we need to regulate the information society?
- Not so clear cut as no distinct jurisdiction or effective area of coverage
→ At every level there should be regulation
Net Neutrality – Data packets on the internet should be moved impartially, without regard to content,
destination or source Internet service providers (ISPs) treat all online traffic equally and openly, without
discrimination, blocking, throttling or prioritisation
,N.B. Open internet access v Market power
How technology works
→ An infrastructure layer of deep sea cables linking all different countries
❖ The TCP/IP breaks the info into packets sent through routers and reassembled at the end
➢ If the information provider determines how the information travels through routers then
there is no:
• Freedom from monopolies
• Freedom of online speech
• Freedom to use any applications and services without interference
• Freedom to visit any website at the fastest browsing speed
Legislation protecting users
Regulation (EU) 2015/2120 on Open Internet Access
• Four important principles (arts 3 & 4)
1. No blocking (of lawful content, applications, services or non-harmful devices)
2. No throttling/limits on the speed
3. No discrimination of online content, applications and services
4. Transparency (and proportionality) of measures– providers must disclose information regarding
their network management practices, performance and the commercial terms of service
Relevant Cases
Concluding Thoughts/Dilemmas
1. Technology disrupts the traditional legal system
2. Lawmakers have choices:
- Keep to traditional principles and let the courts interpret/apply for new situations
- Introduce new rules
- Mix both old and new
- Move away from law…let code regulate, let the market regulate
3. Which lawmaker?
, N.B. Law so far has protected the container, technology law needs to protect the content coming from the
container
Working Group Additions
➔ Pros and cons of ISP accessing your data
- Issues
● Privacy
● Targeted advertising
● Social isolation and stagnation of content due to algorithms
- Benefits
● More accurate info or media
➢ Exam question structure
1. Explain the apparent issue (cybercrime, data regulation, net neutrality etc…)
2. State which regulation it violates and state the relevant articles
a. Explain who the subject of the regulation is
b. Explain what it requires of the subject
3. Support with relevant case law ruling
DEFINITIONS:
→ Internet service provider
= Role of sending packages of data to the corresponding IP address /// transfer information from
one address through the internet to another address
→ Internet
= network of networks
→ Arguments against Net Neutrality
● Effects profitability for Content provider and ISP
● Can deter innovation into internet access
● Does not create competition
Regulation (EU) 2015/2120 on Open Internet Access (ROIA)
➔ What does it require from the subject?
