Posts Tagged ‘new technology’
Computers and the delivery of legal services – the Society for Computers and Law
It is not hard to imagine that the use of computers will increasingly impact on the ways in which legal and dispute resolution services are provided. Many will resist such developments, not least because they will threaten existing ways of workings with which people are familiar.
But those thinking about how the world of legal practice will develop over the short to medium term should be aware of what is happening and how developments may affect the future, not just in England of course, but universally.
In this context, those starting their legal studies should be aware of the Society for Computers and Law.
The Society’s website explains that it was established in 1973 “to promote the use and understanding of information technology (IT) in the context of the law”. For the first twenty years of its existence it focused more on the technical aspects of IT in use to support legal practices. Since then its focus has shifted more to the practice of IT law as a specialist subject as this has evolved to encompass new issues like the world wide web and digital media.
As a charity, the objects of the Society are
(1) The advancement of education of the public in the fields of: a. information technology law and other related legal subjects; b. information technology as applied to the practice of the law; and c. the law, by the use of information technology.
(2) The promotion of the sound development, administration and knowledge of the law relating to information technology and related legal subjects, both generally and by research and study concerning the same.
The issues which are currently at the forefront of their efforts at the start of the 21st century include:
Operational effectiveness: ranging from the choice of hardware and operating systems through to software selection and development for both lawyers and support teams.
Legal matters: such as data protection, computer contracts and software ownership.
The administration of justice: the impact of IT on the Courts.
Education: promoting the benefits at all levels that the use of information technology has to the legal profession as a whole.
The Society is currently engaged in an important exercise to promote the development of TechLaw in the legal curriculum.
Further information is available at the Society’s website at https://www.scl.org/society
Controlling trolling? A job for the Law Commission
Although the Law Commission’s 13th Programme of Work was announced only in December 2017, the Commission has already had those plans amended by the Government asking whether changes to the law are needed to ensure that internet trolling can be controlled. More specifically the government has asked the Law Commission to review the laws around offensive communications and assess whether they provide the right protection to victims online.
This is a serious problem. Research shows that nearly a third of UK internet users were on the receiving end of trolling, harassment or cyberbullying in 2017.The Commission will review the current laws and set out how they apply to online communications. Its work be informed by developing Government policy in the Government Digital Charter. (See https://www.gov.uk/government/publications/digital-charter published in January 2018.)
Among issues to be addressed are the following:
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How the Malicious Communications Act 1988 deals with offensive online communications
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How the Communications Act 2003 deals with online communications
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What “grossly offensive” means and whether that poses difficulties in legal certainty
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Whether the law means you need to prove fault or prove intention to prosecute offensive online communications
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The need to update definitions in the law which technology has rendered obsolete or confused, such as the meaning of “sender”
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How other parts of the criminal law overlap with online communications laws
It is intended that thw work should be undertaken swiftly. A consultation paper is expected within 6 months.
For further detail see https://www.lawcom.gov.uk/government-asks-law-commission-to-look-at-trolling-laws/
Martin Partington: Introduction to the English Legal System 15th ed 2021
Oxford University Press Learning Link Resources
Martin Partington: Spotlight on the Justice System 