I was at Hammicks Legal Bookshops in Lincoln's Inn with a Professor from Malaysia. My eyes zoomed onto a newly published book: "Information Technology Law: The Law and Society" (Oxford, 2010), by Andrew Murray.
Andrew Murray is a Reader in the Law Department, London School of Economics and Political Science. He is teaching, researching and supervising students of various levels (undergraduates and postgraduate research) in areas of technology laws, intellectual property, media laws policies and regulations.
The chief motivation in buying this book was due to his writings on; PART VI PRIVACY IN THE INFORMATION SOCIETY.
Prior to reading the latter religiously, Andrew Murray's introductory works on PART I INFORMATION AND SOCIETY has given an impeccable insights to the many taxonomies relating to bits, network of networks and digitisation and society (information, convergence and cross border challenge of information law) by inferring to laws and regulations as the backbone. Whilst Andrew's style of writing is akin to story telling, he has never failed to mesmerise his analysis referencing to many comparative literatures - ranging from the United States of America selected states' jurisdictions and in between, to interweaving it with socio-economic aspects, incentives and social sciences' approaches.
This is the Key difference of Andrew's book as compared to the previous IT Law book authors that have had taken precedence, such as Professor Ian Lloyd's, David Bainbridge's, Chris Reed and John Angel's. The another key difference that distinguishes Andrew's writing is through the incorporation of pictorial diagrams, highlights, examples, case studies and further reading lists, in which, the look and feel runs away from typical black letter treatises! This gives indepth clarity to readers who may not come from a legal background. What makes it more innovative is its guidance to the online resource centre that could be retrievable vide:
http://www.oxfordtextbooks.co.uk/orc/murray
which also extends regular audio updates, web links, flashcard glossary of key items and a link to an IT law blog. This approach, in my speculative opinion, will become a hype and precedence for any forthcoming legal publications. Welcome to the Web 3.0!
Whilst PART 1 touched mainly on taxonomies and grounded theories, there is slightly an untouched area when it comes to other leading jurisdictions' technology evolution that may comparatively be relevant; such as Germany, France, and East Asia (Japan, Taiwan and South Korea). On the one hand, arguably, Andrew's focus of analysis is largely based on the UK and the USA leading authors and perspectives. That, in particular, carries invaluable anecdotes of theories and practices. On the other hand, arguably, a fair balance could also be inferred to the non-UK and USA invaluable anecdotes of theories and practices. Such comparative balancing between these two maybe worth mentioning. If the latter materialises, PART 1 looks beyond immaculate.
I escaped reading most of the substantive parts and spent three (3) working days to read PART VI. In comparing the previous IT Law book authors, Andrew has enticed and enlightened me with constructive ideas and useful cross referencing. The Chapter on Data Protection has been addressed precisely clear without detailed paraphrasing of Sections of the UK Data Protection Act 1998. The coverage and analysis of the history, progress and trails are explained on pragmatic approach, instead of, arguing and attempting to emphasize on pure legal reasonings of the Act. Chapter 19 on Data and personal privacy, nevertheless, falls short on certain composition that readers deserve to be educated. Primarily, on the RFID tracking section.
Arguendo (assuming), Andrew's intention to illustrate the technology is naturally motivated by the previous data protection chapter, I, however and persuasively opine, a brief technical illustration on what consists RFID might be useful to be illustrated. This, from my observation, shall provide broader comprehension to a first timer who needs to know what is RFID all about. The only, impressive findings, that may warrant me to further expand my research relates to Andrew's footnote number 65 on page 514: CAGARAS (read as: Coordination And Support Action for Global RFID-related Activities and Standardisation). That compels me to gauge and analyse; to what extend shall the (present) British Government perceives and reacts upon.
Andrew has further written a section on Data retention and identity; by highlighting the Code of Practice on Location Services. He has also highlighted the types of Data to be retained. Much of these analysis and cursory discussions on this section stemmed out from media laws' viewpoints - where, convergence in mobile communications technology, being made as a strong reference. The attempt is slightly brief and arguably, as a reader and a Doctoral researcher, I implore more from this section. As mitigation, Andrew has satisfied me with his foregoing conclusions by ending these:-
"...The law cannot keep pace with technological development; it always lags some months or years behind. The internet of things is coming; we will become part of the network. What is not clear is whether this will give us greater or less freedom."
And I concur no more.
By Noriswadi Ismail
MPhil/PhD Candidate
Institute of Computer and Communications Law
Centre for Commercial Law Studies
School of Law, Queen Mary, University of London
