Law and Technology.

Format:

Book

Author/Creator:

Carr, Nanci K.

Language:

English

Subjects (All):

Technology and law.

Intellectual property.

Physical Description:

1 online resource (414 pages)

Edition:

1st ed.

Place of Publication:

Bradford : Ethics International Press Limited, 2024.

Summary:

Technology is an important part of our everyday lives. Whether we ask Alexa to start the coffee machine, or check our phones for the traffic report, we increasingly interact with technology. As much as we may enjoy and rely upon technology, it is not without its challenges, including the inability of the law to keep pace with technological developments and the ethical issues that arise. For example, tort law is impacted by technology; the proliferation of drones requires a new look at the law of trespass, and video Zoom meetings can impose direct liability on employers, for example. Social media supports an increasing share of all advertising and endorsements and is subject to regulation, of which influencers are often not aware. Global advertising expenditures on various internet and social media platforms also drives the need for a change in right of publicity law. In the United States, the right of publicity is governed by state rather than federal law, so there is no uniform approach. One part of the book includes a survey of the law of each US state, and proposes a new federal statute. Although most of the examples are drawn from the US, the issues raised are fully international in scope and relevance. This book will appeal to legal practitioners trying to manage new technology issues facing their clients; academics teaching students how the law is changing, and needs to continue to change, as technology develops; and teachers and researchers in business and management schools, needing to address technology and governance issues.

Contents:

Intro

Introduction

Chapter 1 Raising Corporate Consciousness of Employer Liability for Video Zoom While Driving

Distracted Driving

Cell Phone Use

Texting

Video Screens

Zoom

Third Party Liability

Individuals

Employer Liability

Vicarious Liability

Direct Liability

Policies, Training, and Tools

Policies

Training

Tools

Conclusion

Chapter 2 Case Study: Guiding Students and Employees to Recognize the Employer Risks of Employee Video Zoom While Driving

The Case Study

Discussion questions

Overview of Distracted Driving

Teaching Notes

Teaching Objectives

Potential Uses of the Case

Discussion

Chapter 3 One, Two, Sort the Shoe

Three, Four, Win Some More: The Rhyme and Reason of Phil Ivey's Advantage Play at the Borgata

Background

The Parties

Phil Ivey - The Tiger Woods of Poker

Cheung Yin "Kelly" Sun

The Borgata

Gemaco

The Borgata Play

How Baccarat is Played

Edge Sorting

Other Advantage Play

The Dispute

Breach of Contract

Misrepresentation

Unfairness

The Borgata's Advantage

Implications

Appendix A643F

Appendix B644F

Chapter 4 As the Role of the Driver Changes with Autonomous Vehicle Technology, So, Too, Must the Law Change

What is an Autonomous Vehicle?

Levels of Automation655F

Availability of Vehicles

Benefits of Autonomous Vehicles

Testing

What Can go Wrong?

Accidents

Programming Errors, Software Glitch, and Cybersecurity

Programming Moral Decision-Making.

Liability and Legislation

State Law

Cities

Semi-Autonomous and Autonomous Related Laws

Federal Law

Future of Autonomous Vehicles-Not Just Consumer Automobiles

Chapter 5 Cold Cases Freeze: Law Enforcement Locked Out of DNA Database Used for Investigative Genealogy After Consumers Object to being Genetic Informants

The Science Behind DNA Test Kits

Police Investigations and GEDmatch

Pledges to Protect User Privacy

Federal Privacy Regulations

Privacy Best Practices for Consumer Genetic Testing Services

FamilyTreeDNA Removed from List of Best Practices' Participants

GEDmatch Restricts Law Enforcement

Chapter 6 How Can We End #CancelCulture: Tort Liability or Thumper's Rule?

What is Cancel Culture?

When Cancel Culture Goes Too Far

Tort Liability

Chapter 7 Social Media and the Internet Drive the Need for a Federal Statute to Protect the Commercial Value of Identity

Categories of Protection

States with a Right of Publicity Statute

States with a Common Law Precedent

States Without Protection: North Dakota and Wyoming

Federal Right of Publicity Statute

Support

Rights To Be Protected

Exceptions for Expressive Works and Activities Protected by the First Amendment

Transferability

Post-Mortem Rights

Now Is the Time for a Federal Right of Publicity

[Appendix: Fifty State Survey follows]

Appendix - Fifty State Survey

Chapter 8 "#SP" or "Thanks [Brand]" is not Enough: FTC Guides for Social Media Influencers on Endorsements and Testimonials

The FTC Guides

Challenges in Implementing and Enforcing FTC Regulations

Advertisers or Endorsers Violate the Regulations

Celebrities and/or Social Media Platforms May Also Have Other Objectives.

Social Media Platforms May Have Their Own Challenges with Avoiding False Advertising

The FTC is Enforcing the Guides

Chapter 9 Look! It's a Bird! It's a Plane! No, it's a Trespassing Drone

What are Drones and how are they used?

What are Drones?

How are Drones used?

Airspace Rights

Trespass

History of Airspace Rights

FAA Regulation of Airspace

Integration of UAVs into the United States Airspace

Penalties for Unregistered Drones

Line of Sight Restrictions

Airspace Trespass

Airspace Trespass by Something Other than Drones

Airspace Trespass by Drones

State and Local Regulation of Drones

State Regulation of Drones

Local Regulation

Community Regulation

Prevention of Drones

University Regulation

Additional Torts

Nuisance

Invasion of Privacy

Future for Drone Operators

Chapter 10 Programmed to Protect and Serve: The Dawn of Drones and Robots in Law Enforcement

What are Drones, and How are they Used?

What Are Drones?

How Are Drones Used?

Integration of UAVs into U.S. Airspace

Autonomous Technology in Law Enforcement

How Has Technology in Law Enforcement Evolved?

Autonomous Drones and Robots in Law Enforcement

Safety Hazards and Liability Complications

Safety Hazards

"Negligent" Autonomous Devices and Liability

Constitutional Implications and Potential Resolutions

Constitutional Implications

Potential Resolutions

Conclusion.

Chapter 11 Was Allergan's Patent-Housing Agreement in Exchange for Sovereign Immunity a "Sham to Subvert the Existing Intellectual Property System?"

Congressional Opposition

Other industry opinions

The Decisions

Chapter 12 Business Continuity in Light of the Coronavirus Disruption: A Group Exercise

Class Exercise - Set Up

Consent to IT Services to accommodate Remote Work

Class Exercise - Elements of the Consent

Request of Employee

Software and Data Backup

Employee will Supervise Employee

Hospital Has No Liability

Employee's Assumption of Risk and Release

HIPAA

Student Feedback

Appendix A Consent to IT Services to accommodate Remote Work

Chapter 13 As Society strives for Reduced Contact during the Pandemic, how can Human Microchipping help?

Background RFID: What Is It?

RFID Implants in Humans

Human Implants in the Workplace

Microchip Implants in Everyday Life

Implants in the Health Industry

Privacy, Health/Safety, and Legal Issues

Security and Privacy

Potential Solutions to Security Issues

Health and Safety Risks of Implants

Legal Issues Related to RFID Implants

Overall Benefits vs. Risks

Benefits

Risks

Prior Publications

Research Assistance.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9781804417867

1804417866

OCLC:

1463084991