Monika Zalnieriute

University of New South Wales (UNSW) - Faculty of Law

Senior Lecturer & ARC DECRA Fellow

Sydney, New South Wales 2052

Australia

  • University of New South Wales (UNSW) - Faculty of Law

SCHOLARLY PAPERS

65

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37

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10

Scholarly Papers (65)

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1.

From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making

in Woodrow Barfield (ed), The Cambridge Handbook of the Law of Algorithms (Cambridge University Press 2021), pp. 251 – 272., UNSW Law Research Paper No. 19-30
Number of pages: 30 Posted: 01 May 2019 Last Revised: 18 Mar 2021
Monika Zalnieriute, Lisa Burton, Janina Boughey, Lyria Bennett Moses and Sarah Logan
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and Australian National University (ANU)
Downloads 873 (38,961)
Citation 1

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rule of law, automation, algorithms, government decision making, statute drafting, judicial decision making, administrative decision-making, national security, law enforcement, transparency, accountability, administrative state

2.

The Rule of Law and Automation of Government Decision-Making

Downloads 766 ( 46,412)
Citation 14

The Rule of Law and Automation of Government Decision-Making

Forthcoming, (2019) Modern Law Review, UNSW Law Research Paper No. 19-14
Number of pages: 27 Posted: 14 Mar 2019
Monika Zalnieriute, Lyria Bennett Moses and George Williams
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 758 (46,490)
Citation 12

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rule of law, automation, machine learning, government decision-making, transparency, accountability, predictability, consistency, equality before the law

The Rule of Law and Automation of Government Decision‐Making

The Modern Law Review, Vol. 82, Issue 3, pp. 425-455, 2019
Number of pages: 31 Posted: 11 Apr 2019
Monika Zalnieriute, Lyria Bennett Moses and George Williams
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 8 (840,756)

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3.

Data Transfers after Schrems II: The EU-US Disagreements Over Data Privacy and National Security

Vanderbilt Journal of Transnational Law, (2022) 55(1), pp. 1- 48 , UNSW Law Research
Number of pages: 48 Posted: 20 Apr 2021 Last Revised: 18 Mar 2022
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 449 (91,587)

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National Security, Surveillance, Privacy, Data Protection, EU Law, Court of Justice of EU, GDPR, Schrems, Facebook, Privacy Shield, International Data Transfers, Historical Institutionalism, International Relations, Human Rights

4.

The Rule of Law 'By Design'?

Tulane Law Review, Vol. 95(5), 2021, pp.1063-1101
Number of pages: 39 Posted: 18 Mar 2021 Last Revised: 10 Aug 2021
Monika Zalnieriute, Lyria Bennett Moses and George Williams
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 386 (108,538)

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Public Law, Rule of Law, Government, Constitutional Law, AI, Algorithms, Blockchain, Administrative Law, China, Surveillance, Technology Law, Privacy, Data Protection, Social Credit System, Credit Scoring, Automation, Decision-Making, Comparative Law, Machine Learning, Transparency, Accountability

5.

Technology and the Judicial Role

in Gabrielle Appleby and Andrew Lynch (eds), The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Judicial Dynamics in Australia (Cambridge University Press, 2021)
Number of pages: 38 Posted: 26 Nov 2019 Last Revised: 04 Mar 2021
Monika Zalnieriute and Felicity Bell
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales
Downloads 318 (134,037)
Citation 1

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Technology, AI, Algorithms, Automation, Automated Decision-Making, Judiciary, Courts, Judges, Judicial Values, Online Courts, Transparency, Accountability, Impartiality, Diversity.

6.

From Human Rights Aspirations to Enforceable Obligations by Non-State Actors in the Digital Age: The Case of Internet Governance and ICANN

Yale Journal of Law & Technology, 21 (2019) pp. 278 - 336. , UNSW Law Research Paper No. 19-8
Number of pages: 60 Posted: 13 Feb 2019 Last Revised: 09 Jan 2020
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 299 (143,023)

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international law, human rights, digital rights, digital constitutionalism, Internet Governance and Internet Corporation for Assigned Names and Numbers, ICANN

7.

Response to ‘Artificial Intelligence: Governance and Leadership’ White Paper Consultation

UNSW Law Research Paper No. 19-15
Number of pages: 10 Posted: 14 Mar 2019
Nayan Bhathela, Lyria Bennett Moses, Monika Zalnieriute, Roger Clarke, Kayleen Manwaring, Kathy Bowrey, Felicity Bell and Matthew Kearnes
University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, Xamax Consultancy Pty Ltd, UNSW Law & Justice, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales and Independent
Downloads 264 (162,386)
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Australian Human Rights Commission, Artificial Intelligence, automation, regulation, submission

8.

Burning Bridges: The Automated Facial Recognition Technology and Public Space Surveillance in the Modern State

Columbia Science and Technology Law Review 22(2) 2021, pp. 284 - 307
Number of pages: 24 Posted: 17 Mar 2021 Last Revised: 14 Sep 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 259 (165,558)

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Facial recognition technology, Surveillance Studies, Social Movements, Protests, Artificial Intelligence, Machine Learning, Policing, Human Rights, Criminology, Police, Criminal Law, Public Law, Human Rights Law, Information technology, Internet Law, Information Technology Law, Discrimination Law

9.

COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights

UNSW Law Research
Number of pages: 7 Posted: 07 May 2020
Lyria Bennett Moses, Genna Churches, Monika Zalnieriute, Andrew C. Byrnes, Jackie Leach Scully, Jackie Leach Scully, Katharine Kemp and Graham Greenleaf
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South WalesUniversity of Newcastle - School of Geography, Politics and Sociology, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales, Faculty of Law
Downloads 239 (178,969)

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COVIDSafe, contact tracing app, Australia, COVID-19, Covid 19, Coronavirus, Corona virus, apps, privacy, human rights, Bluetooth, Biosecurity, pandemic

10.

A Groundhog Day in Brussels: Schrems II and International Data Transfers

Verfassungsblog, 16 July 2020, UNSW Law Research Paper No. 20-31
Number of pages: 8 Posted: 03 Aug 2020 Last Revised: 21 Aug 2020
Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 226 (188,619)

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Data protection, privacy, GDPR, international data transfers, human rights, contracts, Schrems, Facebook, national security, surveillance, PRISM, EU, USA

11.

“Transparency-Washing” in the Digital Age: A Corporate Agenda of Procedural Fetishism

Critical Analysis of Law, 8(1) 2021, pp. 39-53, UNSW Law Research Paper No. 21-33
Number of pages: 23 Posted: 17 Mar 2021 Last Revised: 26 Aug 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 217 (196,172)

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Transparency, Social Media, Media Studies, Digital Environment, Transparency-Washing, Technology Companies, Platforms, IBM, Google, Facebook, Internet Studies, Digital Humanities, Technology Law, Internet Law, Human Rights Law, Human Rights, Privacy, Facial Recognition Technologies

12.

Protests and Public Space Surveillance: From Metadata Tracking to Facial Recognition Technologies

Submission to the Thematic Report to the 50th Session of the UN Human Rights Council
Number of pages: 8 Posted: 12 Jul 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 216 (196,986)

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Human Rights, Freedom of Association, Freedom of Assembly, Privacy, Freedom of Expression, Facial Recognition Technology, International Human Rights Law, Protests, Social Movements, Data Protection, Metadata, Anonymity

13.

A Struggle for Competence: National Security, Surveillance and the Scope of EU Law at the Court of Justice of European Union

Modern Law Review (2022) 85(1) Forthcoming, UNSW Law Research Paper No. 21-34
Number of pages: 28 Posted: 20 Apr 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 215 (197,805)

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National Security, Surveillance, Privacy, Data Protection, Data Retention, e-Privacy Directive, EU Law, Court of Justice of EU, GDPR, human rights

14.

Google LLC v. Commission Nationale de l’informatique et des Libertés (CNIL)

American Journal of International Law, 114(2) (2020) pp. 161-167 , UNSW Law Research Paper No. 20-2
Number of pages: 13 Posted: 10 Jan 2020 Last Revised: 21 Mar 2022
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 213 (199,516)

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Personal data, data protection, right to be forgotten, internet search engine operators, de-referencing of search results, territorial scope of application, data privacy, General Data Protection Regulation (EU), extraterritorial jurisdiction

15.

Does Australia Need a Comprehensive Facial Recognition System?

UNSW Law Research Paper No. 19-71
Number of pages: 21 Posted: 12 Sep 2019
Genna Churches, Monika Zalnieriute and Lyria Bennett Moses
University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 208 (204,048)

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identity matching, bio-metric data base, government surveillance, privacy, facial recognition

16.

Technology and the Courts: Artificial Intelligence and Judicial Impartiality

Submission to Australian Law Reform Commission Review of Judicial Impartiality
Number of pages: 8 Posted: 25 Jun 2021 Last Revised: 12 Jul 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 186 (225,417)

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Public Law, Constitutional Law, Judicial Impartiality, Judicial Behavior, Bias, Judicial Independence, Artificial Intelligence, Technology, Law Reform

17.

The Anatomy of Neoliberal Internet Governance: Queer Critical Political Economy Perspective

Otto, Dianne (ed), International Law: Possibilities, Alliances, Complicities and Risks, Routledge, 2017, pp. 53-73
Number of pages: 30 Posted: 09 Jan 2017 Last Revised: 24 Aug 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 180 (231,929)

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LGBTI; Human Rights; International Law; Internet Governance; Critical Political Economy; Queer Studies; Internet Studies, Communications

18.

Law and Technology in the Dimension of Time

Forthcoming, Sofia Ranchordas and Yaniv Roznai (eds) Time, Law and Change: An Interdisciplinary Study (Hart Publishing, 2020), UNSW Law Research Paper No. 19-75
Number of pages: 22 Posted: 01 Oct 2019
Lyria Bennett Moses and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 177 (235,277)
Citation 1

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law, technology, social values, technological design, socio-legal change, time, future

19.

'Contracting Out' Human Rights in International Law: Schrems II and the Fundamental Flaws of U.S. Surveillance Law

Harvard International Law Journal Online (2020), UNSW Law Research Paper No. 20-44
Number of pages: 9 Posted: 28 Aug 2020
Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 161 (254,936)

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Data protection, privacy, GDPR, international data transfers, human rights, international law, contracts, Privacy Shield, Schrems, Facebook, national security, surveillance, PRISM, EU, USA

20.

Automating Government Decisionmaking: Implications for the Rule of Law

In S. de Souza, M. Spohr (eds) Technology, Innovation and Access to Justice: Dialogues on the Future of Law (Edinburgh University Press, 2021), UNSW Law Research Paper No. 21-40
Number of pages: 36 Posted: 17 Mar 2021 Last Revised: 27 Apr 2021
Monika Zalnieriute, Lyria Bennett Moses and George Williams
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 150 (269,948)

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Rule of Law, Constitutional Law, Administrative Law, Algorithms, Public Law, Machine Learning, Statute Drafting, Statutes, Comparative Law, Legal Theory, Artificial Intelligence, Government

21.

From Data Retention to Facial Recognition Technologies: Counter-Terrorism Implications for Human Rights and the Rule of Law

Submission to the Thematic Report for the 76th Session of the General Assembly, 2021
Number of pages: 9 Posted: 06 Aug 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 139 (286,733)

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Rule of Law, Counter-Terrorism, Data Retention, Data Protection, Facial Recognition Technology; Artificial Intelligence; Terrorism, Privacy, Human Rights Law, International Human Rights Law, International Law.

22.

An International Constitutional Moment for Data Privacy in the Times of Mass-Surveillance

International Journal of Law and Information Technology, 2015, 0, 1–35
Number of pages: 35 Posted: 15 Feb 2016
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 123 (314,437)
Citation 1

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23.

When a ‘Like’ is not a ‘Like’: A New Fragmented Approach to Data Controllership

(2020) 83(4) Modern Law Review 861, UNSW Law Research Paper No. 20-7
Number of pages: 27 Posted: 11 Feb 2020 Last Revised: 08 Jul 2020
Monika Zalnieriute and Genna Churches
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW), Faculty of Law
Downloads 119 (321,931)

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data protection, data privacy, cookies, General Data Protection Regulation, Court of Justice of European Union, EU, data controller, joint data controllership, consent, data processing, Facebook, marketing, data-driven marketing

24.

The Necessity for Binding Human Rights Obligations for Private Actors in the Digital Age: A Submission to the UN Human Rights Council on New and Emerging Technologies

UNSW Law Research Paper No. 19-81
Number of pages: 6 Posted: 18 Oct 2019
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 106 (348,750)

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international human rights law, binding obligations, business and human rights, digital rights, new technologies, algorithms, AI, digital constitutionalism, Internet platforms, privatisation of human rights

25.

Response to Issues Paper on Human Rights and Technology

UNSW Law Research Paper No. 19-12
Number of pages: 11 Posted: 24 Mar 2019
Adam Yu, Amanda Lo, Roger Clarke, Bassina Farbenblum, Daniel Joyce, Marc De Leeuw, Lyria Bennett Moses, Kayleen Manwaring, Justine Nolan and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW), Faculty of Law, Students, Xamax Consultancy Pty Ltd, University of New South Wales (UNSW) - Faculty of Law, Faculty of Law & Justice, UNSW Sydney, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, UNSW Law & Justice, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 102 (357,707)
Citation 1

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Human Rights Commission, Technology, Human Rights, AI, Surveillance, Censorship, Internet rights, regulation, Australian law

26.

Artificial Intelligence: Australia’s Ethics Framework Submission to the Department of Industry, Innovation and Science

UNSW Law Research Paper No. 19-40
Number of pages: 8 Posted: 07 Jun 2019
Monika Zalnieriute and Olivia Gould-Fensom
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 101 (360,043)
Citation 3

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AI, Automation, Algorithms, Government, Public Law, Rule of Law, Ethics, Transparency, Accountability, Predictability, Consistency, Equality Before the Law

27.

The Instrumentality of Metadata Access Regime For Suppressing Political Protests In Australia

I·CONnect (Blog Post), 4 August 2020) , UNSW Law Research Paper No. 20-50
Number of pages: 6 Posted: 04 Sep 2020
Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 95 (374,321)

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Protests, climate change, Black Lives Matter, chilling effect, location data, metadata, right to protest, freedom of expression, freedom of association, anonymity, democracy, Australia

28.

Australia’s 2020 Cyber Security Strategy Submission to the Department of Home Affairs

UNSW Law Research Paper No. 19-87
Number of pages: 8 Posted: 20 Nov 2019
Emily Watson, Genna Churches, Lyria Bennett Moses and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 95 (374,321)

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cyber security literacy, cyber security, ICT, education, human rights, cyberliteracy, consumers, Privacy Act, Australia

29.

NSW Needs a Strong Mandatory Data Breach Scheme: Submission to Inquiry into NSW Adopting a Mandatory Reporting Scheme for Data Breaches

UNSW Law Research Paper No. 19-69
Number of pages: 28 Posted: 29 Aug 2019 Last Revised: 19 Sep 2019
Genna Churches, Monika Zalnieriute and Graham Greenleaf
University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales, Faculty of Law
Downloads 93 (379,425)

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Data breach, Privacy Act, Mandatory notification, GDPR, Privacy, NSW

30.

Freedom of Expression of Women in the Public Sphere: From Objectification to Technology Facilitated Sexual Violence

Submission to the Thematic Report for the 76th Session of the General Assembly
Number of pages: 4 Posted: 23 Jun 2021 Last Revised: 12 Jul 2021
Sandra Amankaviciute, Helen Pringle and Monika Zalnieriute
School of Social Sciences, Faculty of Arts, Design & Architecture, UNSW Sydney, University of New South Wales (UNSW) and University of New South Wales (UNSW) - Faculty of Law
Downloads 92 (381,952)

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Freedom of Expression; Gender; Human Rights; Feminist Theory; Objectification; Sexualisation; Discrimination; Pornography; Technology Facilitated Sexual Violence; Internet

31.

Reconceptualizing Intersectionality in Judicial Interpretation: Moving Beyond Formalistic Accounts of Discrimination on Islamic Covering Prohibitions

Berkeley Journal of Gender, Law and Justice, 2020, Vol 35(1), pp. 71-90
Number of pages: 20 Posted: 12 Jan 2020 Last Revised: 06 May 2021
Monika Zalnieriute and Catherine Weiss
University of New South Wales (UNSW) - Faculty of Law and RMIT University
Downloads 92 (381,952)

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Intersectionality, Discrimination, Islamic Covering, France, Prohibitions, Human Rights, Decolonial Theory, Post-Colonial Theory, Feminist Theory, Freedom of Religion, Harmful Cultural Practices, Harmful Traditional Practices, Anti-Racism, Radical Feminist Theory, United Nations Human Rights Committ

32.

Human Rights Rhetoric in Global Internet Governance: New ICANN Bylaw on Human Rights

Harvard Business Law Review (2020) Vol 10 , UNSW Law Research Paper No. 20-6
Number of pages: 40 Posted: 07 Feb 2020 Last Revised: 24 Feb 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 91 (384,583)

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International human rights law, Internet Governance, global governance, Internet regulation, transnational regulation, human rights, corporate and social responsibility, self-imposed commitments, business and human rights, domain names, internet law, technology law, digital constitutionalism

33.

Submission to the UNHCR’s Global Virtual Summit on Digital Identity for Refugees ‘Envisioning a Digital Identity Ecosystem in Support of the Global Compact on Refugees’

UNSW Law Research Paper No. 19-31
Number of pages: 4 Posted: 01 May 2019 Last Revised: 11 May 2019
Caroline Compton, Caroline Compton, Fleur Johns, Lyria Bennett Moses, Monika Zalnieriute, Guy S. Goodwin-Gill and Jane McAdam
University of New South Wales (UNSW) - Faculty of LawWestern Sydney University, University of New South Wales, Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of Oxford - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 83 (406,515)
Citation 1

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international humanitarian law, refugees, international law, international refugee law, digital identity, UN Refugee Agency

34.

ICANN's Procedures and Policies in the Light of Human Rights, Fundamental Freedoms and Democratic Values

Council of Europe, DGI(2014)12
Number of pages: 53 Posted: 01 Oct 2015
Monika Zalnieriute and Thomas Schneider
University of New South Wales (UNSW) - Faculty of Law and Council of Europe
Downloads 80 (415,285)

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ICANN, Internet Governance, Human Rights, Data Protection, Freedom of Expression

35.

Developing a European Standard For International Data Transfers After Snowden: Opinion 1/15 on the EU-Canada PNR Agreement

Downloads 79 (418,277)

Developing a European Standard For International Data Transfers After Snowden: Opinion 1/15 on the EU-Canada PNR Agreement

(2018) 81(6) Modern Law Review 1046, UNSW Law Research Paper No. 19-6
Number of pages: 16 Posted: 07 Feb 2019 Last Revised: 25 Apr 2019
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 71 (449,169)

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data protection, privacy, PNR, international data transfers, international relations, EU law

Developing a European Standard for International Data Transfers after Snowden: Opinion 1/15 on the Eu‐Canada PNR Agreement

The Modern Law Review, Vol. 81, Issue 6, pp. 1046-1063, 2018
Number of pages: 18 Posted: 19 Nov 2018
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 8 (840,756)

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data protection, privacy, PNR, international data transfers, international relations, EU law

36.

Response to Issues Paper on Data Sharing and Release

UNSW Law Research Paper No. 19-13
Number of pages: 5 Posted: 14 Mar 2019
Lyria Bennett Moses, Ross P. Buckley, Fleur Johns, Graham Greenleaf, Katharine Kemp, Marc De Leeuw, Kayleen Manwaring, Alana Maurushat and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales, Faculty of Law, University of New South Wales, Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, UNSW Law & Justice, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 78 (421,361)

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Response to Issues Paper on Data Sharing and Release, Data Sharing and Release, Australia, Law, data, ethics, privacy

37.

Internet Architecture and Human Rights: Beyond the Human Rights Gap

Forthcoming (2019) 11(1) Special Issue: ‘Internet Architecture and Human Rights’ Policy & Internet , UNSW Law Research Paper No. 19-10
Number of pages: 12 Posted: 19 Feb 2019 Last Revised: 22 Feb 2019
Monika Zalnieriute and Stefania Milan
University of New South Wales (UNSW) - Faculty of Law and University of Amsterdam
Downloads 78 (421,361)
Citation 1

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Internet governance, human rights, IGF, ICANN, Internet architecture, DNS, civil liberties

38.

Beyond the Governance Gap in International Domain Name Law: Bringing the UDRP in Line with Internationally Recognized Human Rights

Stanford Journal of International Law Vol. 56, No. 1, 2020, pp. 79-122
Number of pages: 44 Posted: 07 Feb 2020 Last Revised: 26 Jun 2020
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 74 (433,952)

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International human rights law, Internet Governance, global governance, Internet regulation, UDRP, trademarks, trademark law, human rights law, corporate and social responsibility, freedom of expression, domain names, internet law, business and human rights, intellectual property

39.

Review of the Effectiveness of the Telecommunications Legislation Amendment (International Production Orders) Bill 2020 (‘IPO Bill’)

UNSW Law Research Paper No. 20-17
Number of pages: 9 Posted: 01 Jun 2020
Genna Churches, Michael Murdocca, Monika Zalnieriute and Lyria Bennett Moses
University of New South Wales (UNSW), Faculty of Law, UNSW Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 73 (437,094)

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Metadata, Intelligence, CLOUD Act, US, Australia, Telecommunications Interception, Telecommunications Legislation Amendment (International Production Orders) Bill 2020

40.

Inquiry into the Data Availability and Transparency Bill 2020 and the Data Availability and Transparency (Consequential Amendments) Bill 2020

UNSW Law Research Paper No. 21-37
Number of pages: 9 Posted: 02 Apr 2021 Last Revised: 12 Jul 2021
Lyria Bennett Moses, Fleur Johns, Lesley Pek Wee Land, David Vaile, Monika Zalnieriute, Marina Yastreboff, Shengshi Zhao, Kim Nicholson, Tim de Sousa and Monica Whitty
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales, Faculty of Law, UNSW Australia Business School, School of Information Systems, Technology & Management, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), Independent, Australian Society for Computers & Law (AUSCL), FTI Consulting and University of New South Wales (UNSW) - ADFA
Downloads 70 (447,064)
Citation 1

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Data, Transparency, ethics data sharing, data procurement, transparency bill

41.

Rejecting the Transatlantic Outsourcing of Data Protection in the Face of Unrestrained Surveillance

Cambridge Law Journal, 80(1), p. 8-11 (2021), UNSW Law Research Paper No. 21-32
Number of pages: 6 Posted: 18 Mar 2021
Monika Zalnieriute and Genna Churches
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW), Faculty of Law
Downloads 69 (450,470)
Citation 1

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Data protection, privacy, GDPR, international data transfers, human rights, international law, contracts, Privacy Shield, Schrems, Facebook, national security, surveillance, PRISM, EU, USA

42.

The Privacy and Data Protection Regulatory Framework for C-ITS and AV Systems Report for the National Transport Commission

Report for the National Transport Commission, 2nd July 2018, UNSW Law Research Paper No. 19-11
Number of pages: 130 Posted: 04 Mar 2019 Last Revised: 03 May 2019
David Vaile, Monika Zalnieriute and Lyria Bennett Moses
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 65 (468,083)

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National Transport Commission, NTC, Cooperative Intelligent Transport Systems, C-ITS, AV systems, automated vehicle systems, Personal information, Sensitive Information

43.

Open Justice and Technology: Courts, Tribunals and Artificial Intelligence

Submission to NSW Law Reform Commission Open Justice Review (2021)
Number of pages: 5 Posted: 04 Aug 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 57 (494,830)

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Open Justice, Courts, Tribunals, Jurisprudence, Automation, Automated Decision-Making, Transparency, Artificial Intelligence, Law, Law Reform, Open Source Software, Constitutional Law, Administrative Law, Public Law, Legal Theory, Rule of Law

44.

Submission Telecommunications Data Retention Review

UNSW Law Research Paper No. 19-51 (2019)
Number of pages: 12 Posted: 30 Jul 2019
David Vaile, Shavin Wijeyaratne, Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW), Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 56 (498,878)

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metadata, telecommunications data, data retention, data retention scheme, CGNAT, proportionality, privacy

45.

ICANN's Corporate Responsibility to Respect Human Rights

Article 19: Global Campaign for Free Expression, 2015
Number of pages: 16 Posted: 01 Oct 2015
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
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ICANN, Internet Governance, Human Rights, Data Protection, Freedom of Expression

46.

From Digital Platforms to Facial Recognition Technologies: Structural Challenges to Women’s Activism

Submission to the Thematic Report on Girls’ and Young Women’s Activism for the 50th Session of the United Nations Human Rights Council
Number of pages: 9 Posted: 01 Oct 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
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Women, Gender, Activism, Freedom of Expression, Feminism, Feminist Theory, Gender Studies, Protest, Social Movements, Technology, Discrimination, LGBTI

47.

The Promise and Potential of Transgovernmental Cooperation on the International Data Privacy Agenda: Communicative Action, Deliberative Capacity and Their Limits

Computer Law & Security Review 32 (2016) 31–54
Number of pages: 24 Posted: 15 Feb 2016
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 46 (542,635)

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International Data Privacy, Data Protection, Deliberative Theories, Communicative Action, Transgovernmental Networks, Data Protection Authorities

48.

Submission to the OHCHR Thematic Report to the United Nations General Assembly on Digital Technology, Social Protection and Human Rights

UNSW Law Research Paper No. 19-41
Number of pages: 11 Posted: 15 Jun 2019
Monika Zalnieriute, Lyria Bennett Moses, Janina Boughey, Lisa Burton and Nayan Bhathela
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) and University of New South Wales (UNSW), Faculty of Law, Students
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Technology, Social Protection, Robo-Debt, Automation, Algorithms, Government, Public Law, Rule of Law, Transparency, Accountability, Predictability, Consistency, Equality Before the Law

49.

Submission to the Inquiry into Victorian Anti-Vilification Laws

UNSW Law Research Paper No. 20-3
Number of pages: 6 Posted: 05 Feb 2020 Last Revised: 30 Apr 2020
Lyria Bennett Moses, Siddharth Narrain and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
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vilification, anti-vilification, vilification online, hate speech online, free speech, freedom of expression, discrimination, law enforcement, racial justice, gender justice, LGBTI, Victoria

50.

Failing to Recognize Objectification and Sexualization of Women as Systemic Discrimination: Workplace Harassment Reforms in Australia

Harvard Journal of Law and Gender Online 2022
Number of pages: 9 Posted: 18 Apr 2022
Sandra Amankaviciute and Monika Zalnieriute
School of Social Sciences, Faculty of Arts, Design & Architecture, UNSW Sydney and University of New South Wales (UNSW) - Faculty of Law
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Harassment, Discrimination, Feminist Thoery, Labour Law, Human Rights Law, Feminism, Gender Studies, Pornography, Discrimination Law, Equality, Sexualization, Objectification

51.

AI Decision-Making and the Courts: A Guide for Judges, Tribunal Members and Court Administrators

Australasian Institute of Judicial Administration, 2022
Number of pages: 46 Posted: 08 Aug 2022 Last Revised: 09 Aug 2022
Felicity Bell, Lyria Bennett Moses, Michael Legg, Jacob Silove and Monika Zalnieriute
University of New South Wales, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, affiliation not provided to SSRN and University of New South Wales (UNSW) - Faculty of Law
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Courts, Artificial Intelligence, Law and Technology, Constitutional Law, Judiciary, Public Law, Automated Decision-Making, Legal Technology

52.

Digital Rights of LGBTI Communities: A Roadmap For A Dual Human Rights Framework

In B Wagner, et al (eds), Research Handbook on Human Rights and Digital Technologies (Edward Elgar, 2019), UNSW Law Research Paper No. 19-7
Number of pages: 24 Posted: 12 Feb 2019 Last Revised: 07 May 2020
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
Downloads 38 (582,826)

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LGBTI, digital rights, digital technology, human rights, censorship and surveillance

53.

Gender Justice and Freedom of Expression: From Public Spaces to Digital Platforms and Facial Recognition Technologies

UNSW Law Research
Number of pages: 9 Posted: 25 Jun 2021 Last Revised: 26 Jul 2021
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
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Human Rights, Gender, Freedom of Expression, Facial Recognition Technologies, International Human Rights Law, LGBTI, Queer, Intersectionality

54.

Submission to the Data Sharing and Release Legislative Reforms Discussion Paper

UNSW Law Research Paper No. 19-79
Number of pages: 5 Posted: 10 Oct 2019
Lyria Bennett Moses, Genna Churches, Emily Watson and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW), Faculty of Law, Students and University of New South Wales (UNSW) - Faculty of Law
Downloads 37 (588,335)
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government data sharing, privacy, data privacy, data release, Australia, public service

55.

The Role of Sexist Abuse and Objectification in Women’s Activism

Number of pages: 6 Posted: 18 Oct 2021
Sandra Amankaviciute, Helen Pringle and Monika Zalnieriute
School of Social Sciences, Faculty of Arts, Design & Architecture, UNSW Sydney, University of New South Wales (UNSW) and University of New South Wales (UNSW) - Faculty of Law
Downloads 35 (599,565)

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activism,harassment,systemic discrimination,human rights,pornography,sex discrimination

56.

Addressing Harassment as Systemic Discrimination: Realising CEDAW’s Promise of Substantive Equality

Submission to Inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021
Number of pages: 7 Posted: 14 Jul 2021
Helen Pringle, Monika Zalnieriute and Sandra Amankaviciute
University of New South Wales (UNSW), University of New South Wales (UNSW) - Faculty of Law and School of Social Sciences, Faculty of Arts, Design & Architecture, UNSW Sydney
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Harassment, Discrimination, Feminist Thoery, Labour Law, Human Rights Law, Feminism, Gender Studies, Pornography, Discrimination Law, Equality, Sexualization, Objectification

57.

Submission to Inquiry into Privacy and Personal Information Protection Amendment Bill 2021

Number of pages: 4 Posted: 29 Jun 2021 Last Revised: 01 Jul 2021
Lyria Bennett Moses and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 31 (623,320)

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Data Protection; Privacy; Data Privacy; Data Breach Notification

58.

Supplementary Submission to Review of the Mandatory Data Retention Regime prescribed by Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (Cth) (‘TIA Act’)

UNSW Law Research Paper No. 20-11
Number of pages: 12 Posted: 11 Mar 2020
Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 31 (623,320)
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data protection, data privacy, cookies, General Data Protection Regulation, Court of Justice of European Union, EU, data controller, joint data controllership, consent, data processing, Facebook, marketing, data-driven marketing

59.

Submission to Review of the Mandatory Data Retention Regime Prescribed by Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (CTH) (‘TIA Act’)

UNSW Law Research Paper No. 19-46, 2019
Number of pages: 24 Posted: 09 Jul 2019
Monika Zalnieriute and Genna Churches
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW), Faculty of Law
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data retention, metadata, mandatory data retention scheme, right to privacy, data protection, expectation of privacy, warrant, Digital Rights Ireland, Tele2 Sverige, personal information, location data

60.

Reinvigorating Human Rights in Internet Governance: The UDRP Procedure Through the Lens of International Human Rights Principles

Columbia Journal of Law and Arts, Vol 43, p 197 - 235 (2020), UNSW Law Research Paper No. 20-8
Number of pages: 40 Posted: 12 Feb 2020
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
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international human rights law, internet governance, global governance, transnational regulation, Internet regulation, UDRP, trademarks, trademark law, human rights law, corporate and social responsibility, right to a fair trial, due process, right to property, domain names, internet law

61.

The Rule of Law and Counter-Terrorism

Submission to the Thematic Report for the 76th Session of the General Assembly (2021)
Number of pages: 3 Posted: 02 Sep 2021
Monika Zalnieriute and Lyria Bennett Moses
University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
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Rule of Law; Public Law; Constitutional Law; Counter-Terrorism, Accountability; Transparency

62.

Big Brother Watch and Others v. the United Kingdom

American Journal of International Law, 2022, Vol 116(3), pp. 585-592.
Number of pages: 14 Posted: 01 Aug 2022
Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law
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law and technology, personal data, national security, intelligence, surveillance, data privacy, international law, human rights, right to privacy, european convention on human rights

63.

Submission: Australian Government Digital Identity Legislation Position Paper

UNSW Law Research Paper No. 21-86
Number of pages: 8 Posted: 28 Mar 2022
Shengshi Zhao, Kim Nicholson, Lyria Bennett Moses and Monika Zalnieriute
Independent, Australian Society for Computers & Law (AUSCL), University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
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Digital identity, privacy, consumer protection

64.

Submission: Australian Data Strategy Discussion Paper - Appendix 3 (Initial Consultation questions)

UNSW Law Research Paper No. 21-87, Deakin Law School Research Paper
Number of pages: 7 Posted: 28 Mar 2022
Lyria Bennett Moses, Lesley Pek Wee Land, Monika Zalnieriute, Shengshi Zhao, Kim Nicholson, Tim de Sousa, Scott Sisson, Massimiliano Tani, Sisi Zlatanova, Jackie Leach Scully, Jackie Leach Scully, Graham Brown and Shiri Krebs
University of New South Wales (UNSW) - Faculty of Law, UNSW Australia Business School, School of Information Systems, Technology & Management, University of New South Wales (UNSW) - Faculty of Law, Independent, Australian Society for Computers & Law (AUSCL), FTI Consulting, UNSW Data Science Hub (uDASH), University of New South Wales - Australian Defence Force Academy, University of New South Wales (UNSW), University of New South WalesUniversity of Newcastle - School of Geography, Politics and Sociology, University of New South Wales (UNSW) and Deakin Law School
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data strategy, data policy, trustworthiness, trust

65.

Submission to Inquiry into Draft Critical Infrastructure Asset Definition Rules

Number of pages: 4 Posted: 20 May 2021 Last Revised: 16 Jun 2021
Lyria Bennett Moses, Monika Zalnieriute, Rob Nicholls, Marina Yastreboff and Benjamin Di Marco
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, UNSW Business School, University of New South Wales (UNSW) and affiliation not provided to SSRN
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Cybersecurity; Cybersecurity Law, Computer Security, Information Law, Information Policy

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Total Downloads: 2
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1.

法治与政府决策自动化

Theory Monthly, 2020, Vol 11, pp. 119 – 131
Number of pages: 22 Posted: 04 Aug 2022
Monika Zalnieriute, Lyria Bennett Moses and George Williams
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
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Automation, Artificial Intelligence, Constitutional Law, Administrative Law, Rule of Law, China, Government