To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
In Chapter 7, the objectification of humanity, resulting in the cataloging of humans through the means of science and technology, is addressed through the example of US sex offender registries and other criminal databanks. Human cataloging offers government a means to control society in the name of public order, but law reform offers feasible methods of resisting the encroachment on rights of privacy and liberty.
In Chapter 4, we turn to the contemporary manifestations of the managerial approach. To the extent that we view digital technology as a problem, we tend to think of it as a problem with managerial solutions. In other words, we tend to believe that the right experts, in the right institutions, focusing on the right questions, could make the harms of digital technology disappear. Some want to erect new administrative agencies or private “oversight boards” to govern digital life; some want to empower courts to address the “addictive” features of social media; others prefer to use public officials and NGOs to put pressure on technology platforms themselves. In each of these cases, reformers call on private or public managers to resurrect the goods of robust associations without defending associations themselves. We show that seemingly disparate efforts to address “digital addiction,” fight the “loneliness epidemic,” combat “misinformation,” regulate AI development, and reimagine “privacy” all fall into this same trap. These are often misguided attempts to respond to problems better understood and addressed as the consequences of a social order in which intermediary associations lack the three powers.
Privileges are generally disfavored as impeding the truth. But in this chapter, I propose a novel way to think of privilege altogether: privilege as a means of resistance, a tool to oppose unjust systems and laws. Current privilege scholarship essentially assumes faith in the adversarial legal system and the interest in soliciting, collecting, and admitting all available evidence. This assumption implicitly accepts that the adversarial system is valid, and the substantive law that privilege limits is also valid. However, if we question the legitimacy of the adversarial system and the substantive laws it upholds, the cost-benefit analysis shifts. Privilege could serve as an instrument of resistance by prioritizing the preservation of relationships over the legal system’s pursuit of truth.
This chapter introduces responsible AI research as part of professional practice. It explains why strong performance and reproducibility are not enough when systems can amplify bias, threaten privacy, impose environmental costs, or be misused. The chapter highlights how to think about downstream impacts, dual-use risks, and misalignment, and how context and deployment shape what “responsible” means. It offers practical guidance on building habits that make research safer and more credible, including stating assumptions, reporting limitations, and considering human oversight.
This chapter explains how PhD students can use large language models (LLMs) to support research without outsourcing scholarship. It covers practical uses in writing, literature exploration, coding, experiment planning, and self-critique, while emphasizing that you remain responsible for accuracy, reasoning, and originality. The chapter highlights common failure modes such as fabricated citations, confident errors, and overly agreeable “reviews,” and discusses when LLM feedback is helpful versus misleading. It also outlines responsible use, including disclosure norms, bias awareness, and protecting confidential data. The goal is to benefit from speed and breadth while staying intellectually in control.
Hospital-based violence intervention programs (HVIPs) help survivors of violent injury to return to physical, psychological, financial, and social health by addressing a broad range of social determinants of health and reducing the risk of future injury. This work requires connections to a range of providers and services, which often requires the sharing of patient health information. While HIPAA gives providers more discretion to share information to address health-related social needs and care coordination than many providers realize, patients can and should be the ones deciding what health information is shared, with whom it is shared, and under what circumstances. Providers, patients, and programs like HVIPs would benefit from greater clarity on appropriate information-sharing practices. In this article, we consider the real and perceived barriers to information sharing to address social needs and we make recommendations for practice, research, and policy to improve how patient information is shared to address social needs, with relevance for a wide range of interventions.
In the face of the everchanging and increasingly complex regulatory and socio-technical challenges posed by AI and the Internet of Things, there is an urgent need for closer collaboration between technology designers and lawyers. Accountable Design provides a timely framework for bridging disciplines to design legally accountable technologies. Proposing the new concept of Accountable Design, Lachlan David Urquhart explores how to incorporate legal values into human-centered design processes. Three novel case studies ground discussion by showcasing uses of new technologies in cities, homes, and biometric applications while exploring how to design for privacy, security, trust, and safety. The book synthesizes insights from across technology law, human-computer-interaction, design research, science and technology studies, and philosophy of technology to address the challenges of building better technological design futures for humans and society.
Presents some quantitative evidence about cooking and eating practices within the quarters, suggesting enslavers’ regimentation of food cultures increased over time, but was not motivated by size of holding. Briefly considers how rationing enabled cooking in the quarters, probing some overlooked aspects of food allocation, such as who received rations. Explores “blended” systems of food regimentation, including the specificities of these systems according to type of labor performed, and at exceptional times of year such as the annual harvest. Highlights how customs on Sundays were different and distinctive. Investigates cooking and eating patterns within the relative privacy of the quarters, including how enslaved people supplemented their often scant and monotonous diets through family-based or collective gardens, as well as by hunting and fishing – usually the preserve of men and boys. Illustrates how enslaved people sought to cook and eat autonomously and independently from their enslavers, including collectively, but within their own extended families and wider communities. Provisioning could burden women, but was also a source of pride and an expression of love.
This chapter traces the intellectual and technological lineage of Bitcoin and digital money. While Nakamoto’s white paper launched Bitcoin, its roots extend through decades of economic theory, cryptographic innovation, and activist movements. We examine how the Austrian and Chicago Schools of Economics provided a framework for stateless and non-inflationary money, and how Cypherpunk ideals shaped the push for privacy and decentralization. The chapter reviews early experiments with digital currencies such as DigiCash, b-money, and e-gold, highlighting the technical shortcomings, regulatory battles, and user adoption barriers that prevented their success but furnished essential building blocks for Bitcoin. We then contrast the classical financial attributes of money—medium of exchange, unit of account, and store of value—with additional digital requirements such as offline spendability, identity-less spendability, and fungibility. Finally, we show how Bitcoin resolved the long-standing double-spending problem without a central authority through Proof of Work, situating it as both a culmination of earlier efforts and the starting point for a new era of cryptocurrencies.
This chapter examines two dimensions of AI assurance for systems designed to assist unrepresented litigants: (1) reliability and (2) privacy and accountability. Reliability encompasses accuracy, calibration, robustness, and bias. Privacy and accountability involve balancing data needs with the protection of sensitive information and ensuring the responsible deployment of AI. These considerations take on heightened importance given unrepresented litigants’ unique vulnerabilities and legal contexts.
Reliability standards must be higher for unrepresented litigants, who cannot verify AI outputs, than for legal professionals, who can exercise oversight. Privacy and accountability challenges arise from AI systems’ need for vast training datasets containing sensitive legal information, creating tensions between the effectiveness of these systems and data protection rights under frameworks such as the General Data Protection Regulation (“GDPR”) and the EU AI Act.
Effective AI assurance requires interdisciplinary collaboration between technologists and legal stakeholders to develop appropriate methodologies for defining, measuring, and verifying both reliability and privacy protections in legal AI systems.
The article examines the history of British private investigators. Historians and criminologists have shown how the police have never monopolized security or protection. The same can be said about investigation, although this is much less well understood. Private investigators have a key place in the social distribution of investigation, widely portrayed as both heroic uncoverers of the truth and as invasive “snoops.” Their work therefore opens wider questions about who should be able to know what about whom. This article focuses on the period between 1965 and 1975, which saw a range of criminal investigations, public inquiries, and press reports around private investigators, against the background of shifts in data technologies and cultures of “transparency.” This article asks why “invasions of privacy” by private investigators caused so much public concern in this period, but the attempts to restrict their activities largely petered out. It argues that the answer lies in uncertainties of the category of privacy and, more specifically, the unresolved role of the British state. In the context of changing relationships between the state, market, and the wider distribution of investigation, privacy protections did not meaningfully distinguish between who was accessing information and the reasons they were doing so. The article draws on sources including the evidence submitted to the 1972 Younger Committee on Privacy, the papers of the Director of Public Prosecutions, published memoirs, and local and national newspapers.
This chapter provides a foundational introduction to generative AI and large language models, addressing their capabilities and limitations. These models can perform competitively with humans on standardized exams and legal reasoning tasks and can be applied flexibly to legal challenges through natural language prompts.
However, significant limitations constrain their deployment in legal contexts. Models produce hallucinations, generating confident but incorrect information that can mislead users making critical legal decisions. The ELIZA effect compounds this risk as users tend to anthropomorphize AI and overestimate its capabilities. Additional challenges include potential biases introduced by the training data, privacy concerns associated with hosted models, and substantial computational costs. Understanding both the opportunities and limitations is crucial for safely deploying generative AI to address access-to-justice challenges.
Debates over central bank digital currencies (CBDCs) often emphasise efficiency, innovation and anti-money laundering compliance, while neglecting privacy as a determinant of their viability. This article argues that privacy is not merely a rights-based concern but also an economic variable that shapes adoption, trust and stability. Using a law-and-economics framework, it introduces a privacy parameter, p, into user utility functions and examines how different levels of privacy affect CBDC demand, velocity, and disintermediation. The analysis engages with the behavioural limits of this model, including the privacy paradox, consumer habituation to digital surveillance and captive demand, where alternatives are scarce, and argues that legal commitment devices are needed precisely because privacy preferences are fragile and state-contingent. Through a comparative study of the EU, UK, US and China, the article maps how evolving privacy regimes, including the EU’s Digital Omnibus reform proposals and the UK’s Data (Use and Access) Act 2025, condition financial outcomes, and examines how AML/CFT obligations already subordinate data protection in practice. It concludes that privacy acts as a dual safeguard, protecting freedoms while reinforcing monetary resilience, and that safeguards must be entrenched before their absence is felt.
Human genetic information is best understood as a non-rivalrous and non-excludable social resource, making it well suited to commons-based governance as a complement to state- and market-led models. Using the case of deCODE Genetics in Iceland, the chapter shows the practical viability of such an approach, underscoring the importance of public cooperation, ethical safeguards, and consent. Yet the model faces a central dilemma: the need for broad data sharing to advance research versus the individual participant’s right to privacy. The chapter reframes this tension by conceptualizing privacy not as the negation of sharing but as one of its dimensions. It then resolves the dilemma by proposing a participatory, procedurally legitimate system in which stakeholders (including data contributors, researchers, and clinicians) collectively determine rules of access, use, and privacy through democratic deliberation. This approach moves beyond top-down declarations and instead establishes a self-governing genomic commons. A mutual benefit, procedurally democratic framework offers a promising path to realize the genome’s potential for public health while safeguarding individual rights.
The article addresses the challenges that increasing capabilities pose to freedom of thought and conscience. The author contrasts the ongoing debate about the ability to manipulate the human mind with the deeply rooted theories and judicial treatments of freedom of thought and conscience and argues for renewed attention to the subject. Briefly noting that the issue of AI manipulation has especially preoccupied legal scholars, institutions, and societies at large for its impact on the economic market, religious extremism, and politics, the author argues that the capabilities of AI stretch well beyond these limited fields as they challenge the centuries-long notion of freedom of conscience and thought. Because AI capabilities can extract information about individuals’ thoughts and feelings, they are making obsolete the deeply held belief that what is within the human mind (forum internum) is protected from intrusion by its very nature. The author explores the notion of the extended mind to show how the frequent reliance on smart technologies reveals a need to strengthen their protection in order to protect their users. Finally, the author criticizes the widespread focus on the notion of manipulation in recent developments across a range of disciplines and argues for a stronger and more direct consideration of freedom of thought and conscience to update their legal and academic treatment.
This Element revisits the unsettled relationship between (information) privacy and data protection, exploring why it remains elusive, complex, and often misunderstood. It does so by integrating conceptual, regulatory, and legal analysis. First, it identifies and discusses three conceptualisations of privacy in the literature, arguing that they should be understood complementarily rather than alternatively to provide a layered account of privacy. Second, it examines how each of these conceptualisations is reflected in the language and substance of key regional and international data protection frameworks. Third, it analyses their relationship through a legal lens, assessing the extent to which core data protection principles appear in human rights jurisprudence on the right to privacy. By bringing together these strands of analysis, it demonstrates that privacy and data protection overlap yet remain non-identical, and illustrates why their boundaries remain difficult to delineate. This title is also available as Open Access on Cambridge Core.
The regulation of emerging technologies often involves prolonged legislative processes that demand significant attention and resources. Setting a future-proof framework is therefore imperative: not only to accommodate innovation, but to hedge against the uncertainties that render detailed legislation obsolete. The drafting of legal frameworks to regulate emerging technologies increasingly engages a variety of future-proofing techniques.
Surveillance laws are more susceptible to the need for future-proofing. The nature of intelligence agencies and their operational need to remain secretive provide powerful incentives to prevent their governing legal framework from undergoing frequent legislative revision. Accordingly, surveillance laws are often drafted in a manner catering to these constraints.
This article maps and assesses the principal future-proofing strategies available to legislators. It then examines Israeli surveillance law as a test case. The article analyses the Israel Security Agency (ISA) Law, which, inter alia, governs the online surveillance activities of Israel’s domestic security agency, the ISA. The article examines the language of the ISA Law currently in force. It explores a past expansion of its purposive domain through the deployment of ISA surveillance for COVID-19 contact-tracing, and the subsequent judicial narrowing of the statutory provision enabling this deployment. The article then discusses in detail the future of ISA surveillance powers and their future-proofing mechanisms pursuant to the recently published ISA Amendment Memorandum.
Kevin Dowd's Totalitarian Money? provides a comprehensive critique of proposals to establish CBDCs (central bank digital currencies) around the world. He argues that they are economically inefficient, as they provide no benefits that cannot be obtained by other means. He explains why CBDCs are dangerous to financial stability and personal freedom as they enable digital currency to be weaponised against people to comply with the political or social agendas of those in control. Dowd reveals that, despite being promoted by central banks as the next 'big thing', public demand for CBDCs is negligible and they have been rejected by the public wherever they have been introduced. Evaluating the track record of countries that have introduced CBDCs, Dowd explores the drawbacks of CBDCs and explains why the private sector is better equipped to provide a retail digital currency to the general public.
This chapter critically reviews the success of existing algorithms in explaining and predicting human behaviour. While traditional statistical methods have limitations in this area, algorithmic approaches have gained popularity. The chapter covers a range of algorithms, including decision trees, neural networks and clustering algorithms, evaluating their strengths and limitations in various applications. It also considers ethical concerns, such as bias and privacy violations and the need for transparency and explainability. The chapter emphasises the importance of interdisciplinary collaboration between computer science, statistics and behavioural science, and the need for ongoing development and refinement of these methods. By evaluating the effectiveness of algorithmic approaches to human behaviour, this chapter is a valuable resource for researchers and practitioners in the field.
This chapter is about trust. It is the only chapter in the book that considers the opinions of professionals who had not used machine translation at work. Most of these professionals were prepared to use machine translation if needed. Some were enthusiastic about it. Others had reservations which they would want to see addressed before deciding to use a machine translation tool. These reservations included: (1) concerns about accuracy; (2) concerns about privacy and confidentiality; (3) perceptions of social and professional norms and whether their use of machine translation would be accepted by others; and (4) concerns about how machine translation may lack ‘the human touch’ in sensitive interactions. The chapter examines human communication in relation to the concept of empathy and AI’s ability to mimic it. It ends with a discussion of workplace training by exploring what machine translation users would like to see covered in initiatives aimed at enhancing their trust judgment abilities.