Law and technology

Question 1

What is the English legal system like in terms of technology?

Answer 1

• Paper- based system for hundreds of years.
• Courts and legal services have required the presence of paper documents, paper files and physical appearance in court; failure to provide these has led to many cases being adjourned or ‘dropped’.

Question 2

How has the legal services industry embraced some of the technological changes?

Answer 2

It has been slow and unenthusiastic in comparison to other areas of the public and private sector.

Question 3

What has made legal firms change to adapt to the increase in technology?

Answer 3

• Pressure from younger lawyers & judges in last 10 years in demanding change.

Question 4

What have legal firms had to do?

Answer 4

• Adapt to new tech to remain competitive in world markets.
• Change communication systems to prevent international companies from taking clients through their ability to communicate instantly via email & the internet.

Question 5

E- solution to a lack of efficiency & accuracy in case preparation and research using paper based law reports, statues etc:

Answer 5

E- libraries such as Westlaw enable lawyers to become more efficient and accurate in research & case construction.

Question 6

Solution to having to appear in court and having time off work, traveling expenses etc:

Answer 6

• Online dispute resolution (ODR) in civil cases.
• Pleading ‘guilty’ to some minor criminal offences in online courts with sentencing by email & fines payable online.

Question 7

Solution to expensive labour costs in running a legal firm:

Answer 7

Swapping employees with machine- read or artificial intelligence systems.

Question 8

Solution to the lack of innovation in the legal system:

Answer 8

Information technology allowing the creation of ideas for further process innovation.

Question 9

Solution to confidentiality and security in IT:

Answer 9

Producing work around cyber security, data protection and new technology laws, creating a further industry of innovation.

Question 10

Solution to consumer demand and expectations:

Answer 10

Changes in legal services, supporting consumer demand & expectation.

Question 11

Issues with privacy and data protection relating to Article 8 of ECHR:

Answer 11

• Article 8 guarantees the right to respect for private and family life.
• It is not an absolute right & can be restricted in accordance with the law or where necessary in a democratic society.

Question 12

DP- Issues with CCTV

Answer 12

• Appears to make society safer but has the ability to continuously track people without permission is a concern.
• 5.9 milion cameras in Uk.
• In 2009, 95% of murder cases used CCTV as evidence.

Question 13

DP- Issues with Automatic number plate recognition

Answer 13

Car registration plates constantly filmed to check for uninsured cars or wanted drivers even though most car users are insured and have not commited crimes.

Question 14

DP- Issues with biometrics

Answer 14

Application of statistical information to biological data which attempts to predict how a person will act & behave without actually testing or meeting them. (used in job recruitment)

Question 15

DP- Issues with radio frequency identification

Answer 15

• Small location- emitting devices are attached to products so that manufactures can track their movements & location after production.
• Used on hire cars or ID cards in workplaces, tracking the number of times a person uses the toilet etc.

Question 16

DP- Issues with location data

Answer 16

E.g smartphone technology tracks the location + movement of people so companies can track where people have been & are likely to go.

Question 17

DP- Issues with the Investigatory Powers Act 2016

Answer 17

• Framework for the security services or other relevant bodies to intercept communications + store info.
• Provides safe guards but powers are wide spread + ability to store and record any communication is possible.

Question 18

CC- Issues with hacking

Answer 18

• Information held electronically, can be accessed illegally for criminal purposes.

Question 19

CC- Issues with computer viruses

Answer 19

Most viruses are designed to halt or slow the operation of a computer or computer network system for financial gain or to destroy information.

Question 20

CC- Issues with identity theft and identity fraud

Answer 20

• Popular + devastating crime where a person’s details are used to access confidential information or commit crimes.
• In September 2016, half a billion international users had their names + emails stolen.

Question 21

What are the cross-border issues and future challenges facing the law and technology.

Answer 21

• Language barriers
• IT informants + platforms - one software or many?
• Cost and complexity of IT + legal training may prejudice developing countries + benefit western countries.
• Over reliance on IT exposes systems to attack.

Question 22

Issues with driver-less vehicles

Answer 22

• Tort liability is based on fault, whose fault are accidents by driverless cars down to?
• First fatal accident in 2016, Tesla didn’t accept liability.
• Could install black boxes to see who is at fault.