Recommendation no. R (92) 15

I. Search and seizure.

This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and — at times — substitute for, human work, such as automation, robots, sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan’s Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century.

Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.

In this book, Georgios N. Yannopoulos appropriately relates the developing field of knowledge based systems in law with the basis in classic philosophy, explicating relations which too often are not properly understood. The decision model developed by the author is important, as it integrates and explains arguments which often have been seen as imcompatible. The use of the theoretical foundation in describing and in giving a critical analysis of the construction of real knowledge bases systems becomes therefore very valuable.and’ Jon Bing, Norwegian Research Center for Computers and Law and‘Expert systems in law have not been as easily achieved as was originally envisaged, because too many thought the task to be trivial and ignored the complex issues involved. Yannopoulosand’ work is valuable because he attempts to detail these issues and overcome them.and’ Philip Leith, Queenand’s University of Belfast and‘Yannopoulosand’ book addresses some of the most crucial problems in the field of information technology and law. The development of more advanced IT solutions for the legal sector will always be closely related to our ability to model and understand the legal reasoning process. In his analysis Yannopoulos elegantly integrates knowledge from many different areas, and in this respect the book reflects an all too seldom seen broadness.and’ Pete Wahlgren, The Swedish Law and Informatics Research Institute (IRI) and‘There has been an abundance of recent research on developing intelligent support systems. Dr Yannopoulosand’ work is especially significant because it examines the necessary legal background for building such systems. It will be an essential reference for the prospective builders of intelligent legal support systems.and’ John Zeleznikow, La Trobe University, Bundoora, Australia

Legal research is a fundamental skill for all law students and attorneys. Regardless of practice area or work venue, knowledge of the sources and processes of legal research underpins the legal professional’s work. Academic law librarians, as research experts, are uniquely qualified to teach legal research. Whether participating in the mandatory, first-year law school curriculum or offering advanced or specialized legal research instruction, law librarians have the up-to-date knowledge, the broad view of the field, and the expertise to provide the best legal research instruction possible. This collection offers both theoretical and practical guidance on legal research education from the perspectives of the law librarian. Containing well-reasoned, analytical articles on the topic, the volume explains and supports the law librarian’s role in legal research instruction. The contributors to this book, all experts in teaching legal research, challenge academic law librarians to seize their instructional role in the legal academy. This book was based on a special issue of Legal Reference Services Quarterly.

Teaching Legal Research and Providing Access to Electronic Resources is an essential guidebook to teaching lawyers and legal researchers how to find the information they need. Law librarians and reference librarians will welcome its timely, effective, and innovative techniques for facilitating their patrons’legal research. According to the MacCrate Report, legal research is one of the ten essential skills for practicing law, and educating users in research skills is a crucial part of the law librarian’s job. Teaching Legal Research and Providing Access to Electronic Resources provides you with techniques for training your patrons in effective search strategies. This comprehensive volume will help you offer much more than a list of information on where the data is located. This helpful volume covers the full range of both users and resources, from helping first-year law students find cases in print to helping attorneys learn to use new Web sites and search engines. Its range includes academic, company, and public law libraries. Teaching Legal Research and Providing Access to Electronic Resources discusses formal ways to teach the skills of research, such as scheduled workshops, one-on-one tutorials, for-credit courses in law schools, and CLE-credit courses in law firms. In addition, it offers hints for seizing the teaching moment when a patron needs help doing research. Teaching Legal Research and Providing Access to Electronic Resources presents practical advice for all aspects of patron education, including: the rival merits of process-oriented versus results-oriented learning strategies; coordinating library education programs with courses in legal writing; teaching foreign and international legal research; using learning style theory for more effective classes; helping patrons overcome computer anxiety; lower-cost alternatives to Lexis-Nexis and Westlaw; using technology to deliver reference services.