Digital Platforms and Antitrust Law

This Article is about “big data” and antitrust law. Big data, for my purposes, refers to digital platforms that enable the discovery and sharing of information by consumers, and the harvesting and analysis of consumer data by the platform. The obvious example of such a platform is Google. The big platforms owe their market dominance not to anticompetitive conduct but to economies of scale. This Article discusses three types of anticompetitive conduct associated with digital platforms: kill zone expropriation, acquisition of nascent rivals, and denial of access to data. There is nothing so unusual about digital platforms that would require a reform of the antitrust laws. Some are described as two-sided markets, but this designation, even after Ohio v. American Express Co., should not present an obstacle to the application of antitrust law. I. Introduction II. Platforms III. Competition Issues ... A. Kill Zone Expropriation ... B. Acquisition of Nascent Rivals ... C. Denial of Access to Data IV. Antitrust Law V. Conclusio

Studying Academic Lawyers' Information-Seeking to Inform the Design of Digital Law Libraries

We report findings from the initial phase of our study on legal information seeking, which comprised a series of semi-structured interviews and naturalistic observations of academic law students and staff looking for electronic legal information. This study has the long-term aim of informing the design of digital law libraries. Participants found it difficult to use digital law libraries, arising from poor knowledge of the digital library system rather than from poor general electronic research skills. Hazy and faulty system-related knowledge were rife, suggesting the need for academic lawyers to understand more about the digital library systems that they use (within-systems knowledge). These lawyers chose to rely primarily on one major digital law library for legal information seeking. Their preference was often based upon vague or flawed rationale and suggests the need for academic lawyers to appreciate the situations in which different electronic resources might be useful (between-systems knowledge)

Studying Law Students’ Information Seeking Behaviour to Inform the Design of Digital Law Libraries

In this paper, we describe our ongoing work which involves examining the information seeking behaviour of legal professionals. This work involves studying the behaviour of both academic and practicing lawyers with the long-term aim of integrating user-centred legal information seeking support into digital law libraries. We report preliminary findings from the initial phase of the study, which comprised a series of semistructured interviews and naturalistic observations of academic law students looking for information that they require for their work. This group of academic lawyers often found it difficult to find the information that they were looking for when using digital law libraries. A potential symptom of this difficulty was that hazy and incorrect knowledge of the digital library system and information sources within the system were rife. This suggests the need for students to understand more about the digital library systems that they use (within-systems knowledge). We also found that although this group of academic lawyers often used several electronic resources in a complementary fashion to conduct legal information seeking, they often chose to rely primarily on one of either the LexisNexis or Westlaw digital law library platforms. Their preference was often based upon vague or sometimes flawed rationale and suggests the need for students to appreciate the situations in which different electronic resources might be useful (between-systems knowledge)

A Study of Legal Information Seeking Behaviour to Inform the Design of Electronic Legal Research Tools

Our work is motivated by the desire to support digital library users in ?getting to grips? with electronic resources. More specifically we are motivated by the desire to support users in understanding how to use, and in which situations it is appropriate to use, particular digital library or electronic resources. This work focuses on lawyers as a specific category of user; Callister [5] highlights that lawyers been traditionally regarded as having poor research skills. Electronic research skills are no exception: Howland and Lewis [8] surveyed U.S. law firm librarians to examine the quality and extent of the electronic legal research skills of summer clerks and first-year associates. They found that these graduates were unable to efficiently or effectively research issues that appear routinely in actual legal cases and concluded that they were not efficient or cost-effective users of LexisNexis and Westlaw (the two biggest digital law libraries in terms of case, legislation and journal coverage). This was despite all of the students having received some training on how to use the libraries while in law school. Digital libraries have traditionally been regarded as difficult to use [4] and based on our contextual observations with academic lawyers, digital law libraries such as LexisNexis Professional and Westlaw are no exception. We believe that this difficulty of use contributes to the problems that lawyers face with electronic legal research. Furthermore, we argue that developing better research skills goes hand-inhand with developing an understanding of the electronic environments in which these skills must be practiced. Our current work is focused on gaining a better understanding of legal academics? and professionals? information seeking behaviour when using existing electronic resources. This understanding will then be used to inform the design of user-centred support tools for digital law libraries (and potentially the design of the libraries themselves)

E Pluribus Unum – Out of Many, One Common European Sales Law?

In light of the fragmentation due to the nationalization of civil and commercial law and the growing intensity of cross-border trade in manufactured goods, arguments for the unification of private law surfaced already from the early 20th century. Such attempts resulted in, among others, the CISG, the UPICC or the PECL. In line with this pattern, as an attempt to make Out of Many, One Common European Sales Law, a Proposal for a Regulation on a Common European Sales Law (CESL) was published in 2011. The aim of the present contribution is to explore the background of the Proposal and to assess its significance for the future, with specific attention to the challenges of the digital age. Section I of the paper provides an overview of the process in the first decade of the 21st century leading to the publication of the Proposal, identifying the various stages of making an instrument. This is followed by the description of the Proposal and its evaluation in Section II. Although the immediate implementation and application of the instrument are not feasible, the text contains some promising elements to build on. According to the main findings of the paper, in the new millennium no longer merely international trade in manufactured goods is a chief factor triggering the implementation of international instruments of contract law. The innovations which pose new challenges and regulatory needs, also addressed in the CESL, are trade in digital content and e-commerce. Considering a digital key to the success of regulatory aspirations, the paper thus outlines ways European and international legislation might go in terms of regulating cross-border trade in the age of information technology. Accordingly, the areas to focus on for a start are transactions for the supply of digital content and e-commerce transactions

PRECEPT:a framework for ethical digital forensics investigations

Purpose: Cyber-enabled crimes are on the increase, and law enforcement has had to expand many of their detecting activities into the digital domain. As such, the field of digital forensics has become far more sophisticated over the years and is now able to uncover even more evidence that can be used to support prosecution of cyber criminals in a court of law. Governments, too, have embraced the ability to track suspicious individuals in the online world. Forensics investigators are driven to gather data exhaustively, being under pressure to provide law enforcement with sufficient evidence to secure a conviction. Yet, there are concerns about the ethics and justice of untrammeled investigations on a number of levels. On an organizational level, unconstrained investigations could interfere with, and damage, the organization’s right to control the disclosure of their intellectual capital. On an individual level, those being investigated could easily have their legal privacy rights violated by forensics investigations. On a societal level, there might be a sense of injustice at the perceived inequality of current practice in this domain. This paper argues the need for a practical, ethically-grounded approach to digital forensic investigations, one that acknowledges and respects the privacy rights of individuals and the intellectual capital disclosure rights of organisations, as well as acknowledging the needs of law enforcement. We derive a set of ethical guidelines, then map these onto a forensics investigation framework. We subjected the framework to expert review in two stages, refining the framework after each stage. We conclude by proposing the refined ethically-grounded digital forensics investigation framework. Our treatise is primarily UK based, but the concepts presented here have international relevance and applicability.Design methodology: In this paper, the lens of justice theory is used to explore the tension that exists between the needs of digital forensic investigations into cybercrimes on the one hand, and, on the other, individuals’ rights to privacy and organizations’ rights to control intellectual capital disclosure.Findings: The investigation revealed a potential inequality between the practices of digital forensics investigators and the rights of other stakeholders. That being so, the need for a more ethically-informed approach to digital forensics investigations, as a remedy, is highlighted, and a framework proposed to provide this.Practical Implications: Our proposed ethically-informed framework for guiding digital forensics investigations suggest a way of re-establishing the equality of the stakeholders in this arena, and ensuring that the potential for a sense of injustice is reduced.Originality/value: Justice theory is used to highlight the difficulties in squaring the circle between the rights and expectations of all stakeholders in the digital forensics arena. The outcome is the forensics investigation guideline, PRECEpt: Privacy-Respecting EthiCal framEwork, which provides the basis for a re-aligning of the balance between the requirements and expectations of digital forensic investigators on the one hand, and individual and organizational expectations and rights, on the other

Leslislating in the Face of New Technology: Copyright Laws for the Digital Age

This Note discusses the agendas and proposals of different countries with respect to copyright regulation in the digital age. Part I discusses the present state of copyright law in the United States, the United Kingdom, and the European Community. Part I also examines laws that have developed in response to new technology. Part II considers the varying commentaries and proposals addressing the promulgation of copyright law for digital technology. Part III argues that the United States, the United Kingdom, and the European Community should take their existing copyright concepts and expand them to fit with digital technology. In addition, Part III maintains that lawmakers should consider copyright infringement liability standards which are based on an OSP\u27s knowledge of and ability to control infringing works appearing on online services. Finally, this Note concludes that promulgation of copyright laws relating to the Internet is crucial to the growth of online services and a necessary prerequisite to a global information infrastructure