Law of the Digital Age

Law in the

Digital Age

Matthew N. O. Sadiku, Ph.D., P.E.

Regents Professor Emeritus and IEEE Life Fellow

Department of Electrical & Computer Engineering

Prairie View A&M University

Prairie View, TX 77446

Copyright © 2024 Matthew N. O. Sadiku

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Date published: December 02, 2024

Matthew N. O. Sadiku

sadiku@ieee.org

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Dedicated to My Brother:

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Contents

Introduction

Technology Law

Computer Law

Digital Law

Cyber Law

Copyright Law

Healthcare Law

Business Law

Agriculture Law

Food Law

Energy Law

Environmental Law

Artificial Intelligence Law

Big Data Law

Cloud Computing Law

Preface

Technology has changed virtually all aspects of our life. The rapid advancement of digital technology has ushered in the digital age, revolutionizing the way we create, consume, and distribute content. Technology is redefining industries worldwide, and the legal sector is no exception. Ithas already transformed access to legislation and legal practice.In the digital age, law is a rapidly evolving field, reflecting the fast - paced advancements of digital technology.

Law is an indispensable aspect of life.There is always a set of rules and regulations attached to any activity we perform. The law industry comprises the mechanisms and processes to deal with legal issues, the courts, legal and law firms, and even the police can all be considered as the pillars of the law industry. Law has made significant changes in the modern culture. Law today has entered the digital age.Digitalization and new technologies have caused legal science to enter a period of transformation that we have perhaps never seen before in legal history. In this digital age, law is being applied to emerging technologies such as artificial intelligence and cloud computing.The legal industry is rapidly changing, and law firms that want to stay ahead of the curve must embrace emerging technologies.

This book explores the use of law in various technologies in the digital age. It is organized into 15 chapters that summarize how legal practice is applied in technology, computer, digitalization, cyber/Internet, copyright, healthcare, business, agriculture, food, energy, environment, artificial intelligence, big data, and cloud computing.

Chapter 1 - Introduction:

This chapter introduces the fundamental aspects of law in the digital age. It serves as an introduction to the entire book. It explains what law in the digital age is all about.Technology is affecting the way lawyers do their work. Although lawyers still need to abide by the same legal standards that have driven their profession for decades, law in the digital age is much different than law before technology.

Chapter 2 - Technology Law:

Thischapter introduces technology law, which refers to the legal framework that governs the use of technology, digital information, and electronic communications.Itis necessary to protect individuals and enterprises from malicious activities and respect privacy rights.Itthe branch of law that handles technology and its influence on society. As cutting - edge technology continues to shape the world, technology law will ensure that technology is used securely, safely, and responsibly.

Chapter 3 - Computer Law:

This chapter provides an brief overview on computer law. Transformational technologies are changing law practice and how law governs technology.Computers have changed the world in unprecedented ways. Computer law refers to a number of legal areas affecting the design and use of computer hardware and software. Computer lawyers have the privilege of determining the regulations that touch on computers and the Internet.

Chapter 4 - Digital Law:

This chapter discusses the concept of digital law. Digitalization is transforming legal relationships between businesses, individuals, and governments.There was a need for digital law to regulate online activities, with the mission of protecting sensitive information and protecting against unauthorized access. Digital law ensures your rights, safety, and security as you work online.

Chapter 5 - Cybal Law:

This chapter reviews cyber law and its applications. The Internet has become an integral part of our life and needs laws to govern its use. Cyber lawgoverns cyberspace which includes the Internet, software, electronic devices, and ATMs.It is designed to ensure a secure, fair, and inclusive Internet use for all users. It deals with what one should or should not do while using the Internet.

Chapter 6 - Copyright Law:

In this chapter, we examine the copyright law and its applications. Acopyrightis a type ofintellectual propertythat gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform acreative work, for a limited time.Copyright law is designed to protect the creators of original material. Their copyrighted work cannot be used or duplicated without their permission.

Chapter 7 - Healthcare Law:

This chapter provides an introduction to healthcare law. The healthcare industry is an enormous and lucrative part of the US economy. The healthcare law comprises of many different areas of the law.It combines administrative and regulatory law, health law, contract and tort law, employment law, and judicial precedent. The law regulates access to care, privacy, and patient rights.It is a multifaceted field that extends well beyond medical malpractice and insurance disputes.

Chapter 8 - Business Law:

This chapter provides an introduction to business law. Business law controls the rules and regulations associated with operating a business. Itcovers a wide range of topicssuch as contracts, property rights, corporate governance, taxes, business formation and dissolution, consumer protection, environmental regulations, etc.It encompasses a wide range of legal principles and rules that govern commercial transactions. Compliance with business laws is essential for business owners.

Chapter 9 - Agriculture Law:

This chapter explores agriculture law and its various applications. Agriculture is a civilization’s lifeblood. Agricultural law is the study of the specific laws and regulations that apply to the production and sale of agricultural products. It refers to the acts of farming and raising livestock. It includes soil preparation, seed planting, crop harvesting, gardening, viticulture, apiculture, dairying, poultry, and ranching.

Chapter 10 - Food Law:

This chapter provides an introduction to food laws. Food, like air and water, is needed for human survival. It provides the body with energy, which is vital for its existence. Food law consists of laws and regulations that govern food production, processing, distribution, marketing, and consumption. There are federal, state, and local food laws. Food laws typically govern the use of pesticide, food additives, nutrition labeling, tariffs on agricultural imports, and restaurant cleanliness.

Chapter 11 - Energy Law:

This chapter provides a primer on energy law. Energy is the ability to dowork. It exists in many different forms. Energy production and use drive the world’s modern economies. Today, the US energy system is controlled by a complex regime of state and federal laws. Energy lawrefers to the laws that govern the use, regulation, and conservation of energy. It is concerned with the regulation of energy, energy resources, energy facilities, and energy generation, distribution, and consumption.

Chapter 12 - Environmental Law:

This chapter provides an introduction on environmental law in the United States and other nations around the world.The environment is a public good that needs to be protected. Humans are directly dependent on their environment and natural resources. Environmental lawsare the laws that deal with environmental challenges.They are legal enactments designed to consciously preserve the environment or protect the environment from damage. They are meant to protect human health as well as the environment.

Chapter 13 - Artificial Intelligence Law:

In this chapter,we provide an overview of the interplay between law and artificial intelligence (AI). AI refers to intelligence demonstrated bymachines. Today, AI is integrated into our daily lives in several forms, such as personal assistants, automated mass transportation, aviation, computer gaming, facial recognition at passport control, voice recognition on virtual assistants, driverless cars, companion robots, etc. Lawyers, judges, and arbitrators will need to apply classic legal principles to AI.

Chapter 14 - Big Data Law:

Inthis chapter, we discuss the legal implications of big data. There is data everywhere. Organizations and companies now have very large data stored in their files, databases, and data warehouses. Big data refers to massive amount of data that are so large that traditional processing tools cannot cope. There are numerous legal frameworks designed to protect big data assets from misuse or unauthorized access by third parties.

Chapter 15 - Cloud Computing Law:

This chapter introduces readers to cloud computing law. Cloud computing is a computing paradigm for delivering computing services (such as servers, storage, databases, networking, software, analytics, and more) over the the cloud with pay - as - you - go pricing. Cloud computing law refers to the legal framework and regulations that govern the use of cloud computing services.

This book is a comprehensive text on the use of law in various technologies in the digital age.It provides an overview of how legal practiced is applied in each technology in a way that beginners can understand. It is a must read for those interested in law practice in the digital age.

I am grateful for the support of Dr. Annamalia Annamalai, the department head of the Department of Electrical and Computer Engineering, and Dr. Pamela Obiomon, the dean of the College of Engineering at Prairie View A&M University, Prairie View, Texas. Special thanks are due to my wife Dr. Janet Sadiku for helping in various ways.

- M. N. O. Sadiku

About the Author

Matthew N. O. Sadiku received his B. Sc. degree in 1978 from Ahmadu Bello University, Zaria, Nigeria and his M.Sc. and Ph.D. degrees from Tennessee Technological University, Cookeville, TN in 1982 and 1984 respectively. From 1984 to 1988, he was an assistant professor at Florida Atlantic University, Boca Raton, FL, where he did graduate work in computer science. In total, he received seven college degrees. From 1988 to 2000, he was at Temple University, Philadelphia, PA, where he became a full professor. From 2000 to 2002, he was with Lucent/Avaya, Holmdel, NJ as a system engineer and with Boeing Satellite Systems, Los Angeles, CA as a senior scientist. He is presently a Regents professor emeritus of electrical and computer engineering at Prairie View A&M University, Prairie View, TX.

He is the author of over 1,290 professional papers and over 130 books including Elements of Electromagnetics (Oxford University Press, 7th ed., 2018), Fundamentals of Electric Circuits (McGraw-Hill, 7th ed., 2020, with C. Alexander), Computational Electromagnetics with MATLAB (CRC Press, 4th ed., 2019), Principles of Modern Communication Systems (Cambridge University Press, 2017, with S. O. Agbo), and Emerging Internet-based Technologies (CRC Press, 2019). In addition to the engineering books, he has written Christian books including Secrets of Successful Marriages (with J. O. Sadiku), How to Discover God’s Will for Your Life, and commentaries on all the books of the New Testament Bible. Some of his books have been translated into French, Korean, Chinese (and Chinese Long Form in Taiwan), Italian, Portuguese, Spanish, German, Dutch, Polish, and Russian.

He was the recipient of the 2000 McGraw-Hill/Jacob Millman Award for outstanding contributions in the field of electrical engineering. He was also the recipient of Regents Professor award for 2012-2013 by the Texas A&M University System. He is a registered professional engineer and a life fellow of the Institute of Electrical and Electronics Engineers (IEEE) for contributions to computational electromagnetics and engineering education. He was the IEEE Region 2 Student Activities Committee Chairman. He was an associate editor for IEEE Transactions on Education. He is also a member of Association for Computing Machinery (ACM). His current research interests are in the areas of computational electromagnetic, computer science/networks, engineering education, and marriage counseling. His works can be found in his autobiography, My Life and Work (Trafford Publishing, 2017) or his website: www.matthew-sadiku.com. He can be reached via email at sadiku@ieee.org

Table of Contents

Chapter 1 Introduction

1.1 Introduction

1.2 LAW IN THE DIGITAL AGE

1.3 APPLICATIONS

1.4 BENEFITS

1.5 CHALLENGES

1.6 CONCLUSION

Reference

Chapter 2 Technology Law

2.1 Introduction

2.2 TECHNOLOGY LAW

2.3 APPLICATIONS OF TECHNOLOGY LAW

2.4 BENEFITS

2.5 CHALLENGES

2.6 CONCLUSION

Reference

Chapter 3 Computer Law

3.1 Introduction

3.2 COMPUTER LAW

3.3 APPLICATIONS

3.4 BENEFIT

3.5 CHALLENGES

3.6 CONCLUSION

Reference

Chapter 4 Digital Law

4.1 Introduction

4.2 WHAT IS DIGITAL LAW?

4.3 BRIEF HISTORY

4. 4 DIGITAL RESPONSIBILITY

4.5 INTERNET LAWYERS

4.6 APPLICATIONS

4.7 BENEFITS

4.8 CHALLENGES

4.9 GLOBAL DIGITAL LAW

4.10 CONCLUSION

Reference

Chapter 5 Cyber Law

5.1 Introduction

5.2 CYBER LAW

5.3 APPLICATIONS OF CYBER LAW

5.4 BENEFITS

5.5 CHALLENGES

5.6 CONCLUSION

Reference

Chapter 6 Copyright Law

6.1 Introduction

6.2 WHAT IS COPYRIGHT LAW?

6.3 TYPES OF COPYRIGHT LAW

6.4 APPLICATIONS OF COPYRIGHT LAW

6.5 BENEFITS

6.7 CHALLENGES

6.8 CONCLUSION

Reference

Chapter 7 Healthcare Law

7.1 Introduction

7.2 HEALTHCARE LAW

7.3 HEALTHCARE LAWYERS

7.4 APPLICATIONS

7.5 BENEFITS

7.6 CHALLENGES

7.7 CONCLUSION

Reference

Chapter 8 Business Law

8.1 Introduction

8.2 BUSINESS LAW

8.3 EXAMPLES OF BUSINESS LAW

8.4 BUSINESS LAWYERS

8.5 APPLICATIONS OF BUSINESS LAW

8.6 BENEFITS

8.7 CHALLENGES

8.8 CONCLUSION

Reference

Chapter 9 Agriculture Law

9.1 Introduction

9.2 AGRICULTURE LAW

9.3 AGRICULTURE LAWYERS

9.4 APPLICATIONS OF AGRICULTURE LAW

9.5 BENEFITS

9.6 CHALLENGES

9.7 CONCLUSION

Reference

Chapter 10 Food Law

10.1 Introduction

10.2 FOOD LAW

10.3 FOOD LAWYERS

10.4 FOOD CONCERNS

10.5 FOOD AGENCIES

10.6 APPLICATIONS OF FOOD LAW

10.7 BENEFITS

10.8 CHALLENGES

10. 9 CONCLUSION

Reference

Chapter 11 Energy Law

11.1 Introduction

11.2 CONCEPT OF ENERGY LAW

11.3 FORMS OF ENERGY

11.4 ENERGY LAWYERS

11.5 INTERNATIONAL ENERGY LAW

11.6 BENEFITS

11.7CHALLENGES

11.8 CONCLUSION

Reference

Chapter 12 Environmental Law

12.1 Introduction

12.2 CONCEPT OF ENVIRONMENTAL LAW

12.3 ENVIRONMENTAL LAWYERS

12.4 CHARACTERISTICS OF ENVIRONMENTAL LAW

12.5 PRINCIPLES OF ENVIRONMENTAL LAW

12.6 SCOPE OF ENVIRONMENTAL LAW

12.7 INTERNATIONAL ENVIRONMENTAL LAW

12.8 SCOPE OF INTERNATIONAL LAW

12.9 PRINCIPLESOF INTERNATIONAL ENVIRONMENTAL LAW

12.10 APPLICATIONS OF ENVIRONMENTAL LAWS

12.11 ENVIRONMENTAL LAW IN DEVELOPED NATIONS

12.12 ENVIRONMENTAL LAW IN DEVELOPING NATIONS

12.13 BENEFITS

12.14 CHALLENGES

12.15 CONCLUSION

Reference

Chapter 13 Artificial Intelligence Law

13.1 Introduction

13.2 WHAT IS ARTIFICIAL INTELLENCE?

13.3 ARTIFICIAL INTELLENCE LAW

13.4 LEGAL ISSUES IN ARTIFICIAL INTELLENCE

13.5 APPLICATIONS OF AI LAW

13.6 BENEFITS

13.7 CHALLENGES

13.8 CONCLUSION

Reference

Chapter 14 Big Data Law

14.1 Introduction

14.2 WHAT IS BIG DATA?

14.3 BIG DATA LAW

14.4 LEGAL ISSUES IN BIG DATA

14.5 APPLICATIONS

14.6 BENEFITS

14.7 CHALLENGES

14.8 CONCLUSION

Reference

Chapter 15 Cloud Computing Law

15.1 Introduction

15.2 CLOUD COMPUTING BASICS

15.3 CLOUD COMPUTING LAW

15.4 LEGAL ISSUES IN CLOUD COMPUTING

15.5 APPLICATIONS OF CLOUD COMPUTING LAW

15.6 BENEFITS

15.7 CHALLENGES

15.8 CONCLUSION

Reference

Index

Chapter 1

Introduction

Digital empowerment will be, for some, the first experience of empowerment in their lives, enabling them to be heard, counted and taken seriously—all because of an inexpensive device they can carry in their pocket.

—Eric Schmidt

1.1 Introduction

Technology has changed virtually all aspects of our life. The rapid advancement of digital technology has ushered in the digital age, revolutionizing the way we create, consume, and distribute content. Digital technologies have come a long way in the last thirty years. They are the backbone of e-governance and have revolutionized commerce. They have changed the landscape of law practice and the profession. The digital era has brought people from all around the world together like never before. However, digital technologies present an intricate challenge: adapting our legal structures to adequately accommodate and regulate these novel environments [1]. They raise concerns about privacy and cybersecurity breaches.

Law has made significant changes in the modern culture. Law today has entered the digital age. The practice of law increasingly depends on what appears on electronic screens in courtrooms, law offices, government agencies, and elsewhere. Digitalization and new technologies have caused legal science to enter a period of transformation that we have perhaps never seen before in legal history. Digital technologies allow the pictures and words from which meanings are composed in any fashion whatsoever, while the Internet allows practically anyone, anywhere, to disseminate meanings just about everywhere. Our major task is to make sense of the practice of law in this visual digital era [2].

Technology is redefining industries worldwide, and the legal sector is no exception. It has already transformed access to legislation and legal practice. The digital age has transformed the way we interact with each other. In the digital age, law is a rapidly evolving field, reflecting the fast-paced advancements of digital technology. All enacted legislation is now available to anyone with Internet access [3]. Digital technologies are the backbone of e-Governance, making legal adaptations particularly essential.

This chapter introduces the fundamental aspects of law in the digital age. It begins with explaining what law in the digital age is all about. It provides some applications of law in the digital age. It highlights the benefits and challenges of law in the digital age. It concludes with some comments.

1.2 LAW IN THE DIGITAL AGE

The practice of law is a career that consists of applying legal principles to specific cases. Technology has completely revolutionized the practice of law with how lawyers seek information and how they disseminate it too. Technology is impacting law practices. Legal scholars are using technology to improve their curriculum and teaching methods. Today law has entered the digital age. The way law is practiced is increasingly dependent on technology. Technologies that are being introduced into law include 3D printing, electronic discovery software, artificial intelligence, robots, blockchain/cryptocurrency, and big data. More and more practicing lawyers are taking advantage of these new technologies and are rapidly adapting to the new era of digital visual rhetoric.

Technology has improved accessibility and a law firm’s ability to provide legal services. New digital innovations automate daily life and enhance social and commercial relationships. But there is a price: privacy, security, and civility are more difficult to maintain. Misinformation is easy to create, and spreads quickly and widely. It is daunting for the civil justice system to keep pace with these technological advancements [4]. The National Civil Justice Institute is a national legal think tank created by pioneering members of the trial bar and dedicated to ensuring access to justice for ordinary citizens.

The digital age has created a complex legal landscape, where new issues and regulations emerge with the advent of new technologies. Lawyers play a critical role in navigating this environment. From data privacy laws to intellectual property rights, lawyers possess the knowledge and expertise needed to address the intricate legal challenges in the digital era. Although the digital age has undoubtedly changed the legal landscape, it has not diminished the importance and roles of lawyers. By staying updated with the latest legal developments and adapting their skills to meet the evolving needs of clients, lawyers continue to play a crucial role in our digital world [5]. Figure 1.1 shows tech law in the digital age [6], while Figure 1.2 shows a lawyer in the digital age [7].

Figure 1.1 Law in the digital age [6].

Figure 1.2 A lawyer in the digital age [7].

The concepts of legal tech and law tech are often used interchangeably, but they are not the same things. They are related as illustrated in Figure 1.3 [8].

Figure 1.3 The relationship between legal tech and law tech [8].

Legal tech generally refers to technology solutions and innovations designed to improve and streamline various processes within the legal industry. Law tech tends to have a broader scope and may include technology solutions that impact the practice of law as well as the delivery of legal services.

1.3 APPLICATIONS

The digital age has brought about many changes in how we live our lives. The most affected issues by digital technological development include data protection, intellectual property rights, cybersecurity and online crimes, e-commerce and contract law, artificial intelligence, blockchain, and cryptocurrency. Thus, law in the digital age is applicable to the following areas [9-14]:

Communications Law: The world of law is a world of information. Rules, judgments, decisions, interpretations, and agreements all involve using and communicating information. Digital and traditional media and communications lawyers must respond to new challenges arising from rapidly developing areas in First Amendment, privacy, intellectual property, newsgathering, reporter’s privilege, access, international media, cyber law, and AI law. Those in the media business are well aware that digital technology is poised to unleash an amazing world of possibility, in which entertainment video content will be available to consumers around the globe anytime, anyplace, and on any one of numerous platforms or devices.

Artificial Intelligence (AI): AI is changing everything, and tech companies are racing for dominance. It is playing increasingly larger roles in e-governance. It is taking over the drafting of contracts, conducting legal research and even drafting laws and administrative acts in some cases. The use of artificial intelligence (AI) in various fields is another area in which the law is becoming a crucial player. As AI systems become more advanced and sophisticated, there is a growing concern about their impact on society and the legal system. With AI increasingly prevalent, related technologies will give rise to new regulations for the evolving field and create ongoing ethical and legal issues for lawyers.

Copyright: The challenge of protecting intellectual property belongs to the broad sweep of US industries and export businesses. Today, all data