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25 June 2021 / Ceri Davis
Issue: 7938 / Categories: Features , Cyber
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Cyber law: language matters

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With technology advancing every day, Ceri Davis of 36 Commercial explores the importance of mastering the language of cyber law

You are standing in the middle of your kitchen: how do you make a sandwich?

Most answers will fail to take into account the numerous and critical processes involved in what, on the face of it, seems like a simple task. They will neglect to address where the bread is stored, how you get there, how you access the bread etc. Writing computer software requires precision and breaking activities down into their constituent parts. That level of granular and analytical detail is vital to understanding and speaking the language of cyber law.

What is cyber law?

First, however, you need to understand what cyber law is.

At its most basic, it is any litigation, case or legal issue that is affected or impacted in any way by computers or technology. However, with continuous technological advances, data and technology are increasingly the subject matter of disputes or the key to resolving them.

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Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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