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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
This title is meant to convey the emphasis which is now placed on the valuable contents of the safe (the information) rather than just on the safe in which those contents are stored (the computer).
It should also convey to potential readers the impact of information communication technologies on the law, the increasing importance of telecommunications law and legal aspects of electronic commerce and the convergence between these fields and IT law.
In modern society, almost everything we do is intimately connected to information creation, retrieval, processing or management, and the internet is at the heart of this growing information society or knowledge economy.
Technology has a real impact on people’s rights, and laws have become increasingly significant, whether in the enforcement of copyright law regarding the downloading of MP3-formatted songs through file sharing technologies or in the application of the general principles of contract law to online contracts. Cyberlaw@SA IV: the law of the internet in South Africa is therefore directed at advancing the principles of digital jurisprudence.
Comprehensively updated, the fourth edition of Cyberlaw@SA IV: the law of the internet in South Africa covers a wide range of topics and areas of discussion in the field of cyberlaw, from protection of domain names and personal information to identity theft and privacy. This edition provides in-depth discussions of e-taxation, protection of data, cybercrime laws, copyright law, consumer law and the processing of e-evidence and its value in civil and criminal proceedings.
Written by a specialist team of academics, judges and practising
lawyers from the UK and abroad under the editorial direction of Dr
Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media
gives expert guidance for practitioners working on cases relating
to privacy and the media, and will be of value to academics with an
interest in this field. The first two editions of this book quickly
established themselves as the leading reference works on the
rapidly developing law of privacy in England and Wales. They have
been frequently referred to in argument in privacy cases, and
extracts have been cited with approval in judgments of the High
Court and Courts of Appeal. Following the Leveson Inquiry, the laws
and regulations governing the English media have come under intense
scrutiny. This work has been revised and updated to incorporate
discussion of both those debates and the continually changing
landscape of privacy protection. The book offers an overview of
English media privacy law, outlining key legislation and legal
rules. It includes comparative perspectives and addresses current
debates about the form and scope of modern privacy protection. The
Law of Privacy and the Media provides detailed but accessible
chapters on the various forms of wrongful publication of personal
information, as well as intrusion into physical privacy, before
considering justifications and defences, remedies and the procedure
to be followed in such cases. This edition includes new chapters
giving separate consideration to new media and harassment by
publication. The Law of Privacy and the Media is essential reading
for all those who act for or against the media or who have a
general interest in the subject.
This book helps lawyers, practitioners, legislators and students
understand and cope with the challenges of e-commerce, and to learn
about the most up-to-date technology and regulation of Online
Dispute Resolution (ODR). It introduces different forms of online
dispute resolution, against the background of Alternative Dispute
Resolution (ADR) developments in the off-line environment;
crucially, it examines the current technology and legal status of
ODR in the EU, US, Asia and Australia, and discusses the relations
between the various parties in dispute resolutions, especially the
Fifth party for the provider of the technology. It further analyses
the four most successful examples, such as Michigan Cybercourt,
WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. Finally, a
proposal for resolving e-contract disputes via ODR is provided, and
a code of conduct recommended in order to regulate the electronic
commerce market.
Based on exclusive research and up-to-date best practices within
the online dispute resolution fieldSimple and clear with an
in-depth analysis and of a wide range of topics such as technology,
management and lawProvides practical solutions to real-world
problems with a proposal of core principles and codes of conduct,
which is of great value in academia and legislative organizations
such as the European Commission and UNCITRAL
Improving access to justice has been an ongoing process, and
on-demand justice should be a natural part of our increasingly
on-demand society. What can we do for example when Facebook blocks
our account, we're harassed on Twitter, discover that our credit
report contains errors, or receive a negative review on Airbnb? How
do we effectively resolve these and other such issues? Digital
Justice introduces the reader to new technological tools to resolve
and prevent disputes bringing dispute resolution to cyberspace,
where those who would never look to a court for assistance can find
help for instance via a smartphone. The authors focus particular
attention on five areas that have seen great innovation as well as
large volumes of disputes: ecommerce, healthcare, social media,
labor, and the courts. As conflicts escalate with the increase in
innovation, the authors emphasize the need for new dispute
resolution processes and new ways to avoid disputes, something that
has been ignored by those seeking to improve access to justice in
the past.
Cybercrime and cybersecurity are of increasingly high profile not
only within law enforcement but among policy makers, legal
professionals and the general public. The establishment of the
European Cybercrime Centre at Europol and the recent publication of
guidelines on the prosecution of social media cases by the Director
of Public Prosecutions serve as illustrations of the reach and
impact of cybercrime related issues. As more of our day to day
lives are conducted via digital mediums, cybercrime has ceased to
be a purely specialist area and as technologies rapidly evolve and
advance so do the challenges and threats raised, making it more
important than ever for practitioners working in this area to stay
up to date. Building on the detailed legal analysis in the first
edition, this updated text remains the only comprehensive work to
cover the complete lifecycle of cybercrimes, from their commission
to their investigation and prosecution. With its clear and
accesible structure, Computer Crimes and Digital Investigations
provides essential guidance on the substantive and procedural
aspects of cybercrimes for both experienced practitioners and for
those new to the field. Substantial developments have occurred
since the publication of the first edition of this work, in terms
of the threats faced, the legislation and case law, and the
response of law enforcement. The second edition will include new
material on topics such as cyberwarfare; orders made against
convicted criminals; and issues of surveillance and interception as
well as expanded discussions of cyber security policy and laws,
intermediary liability, developments in policing activities and
prosecution policies, and developments in cross-border search and
seizure and mutual legal assistance and extradition. An expanded
comparative discussion of law and policy within the EU and under
the Budapest Convention, as well as other international
organisations such as the United Nations, places cybercrime in its
international context.
The Data Protection Toolkit, 2nd edition offers updated advice on
how to keep your practice compliant with the EU General Data
Protection Regulation (GDPR) and the Data Protection Act (DPA),
which came into force in May 2018. This essential toolkit features
a range of forms, precedents and templates to support all data
protection compliance measures within a legal practice. In addition
to this, the toolkit offers practical guidance on: * setting up
systems, * managing risk, * client inception, * ongoing monitoring,
* data security, * data sharing, * subject access requests, *
complaints handling, * data retention and destruction, * training
and monitoring compliance.
In a short time, Blockchain has gained a spectacular success. Since
its inception, it has been on the headlines and evolved to be one
of those trending technologies that would make a huge impact on the
fast-paced digital world. It has been a game-changing technology
with it's increased efficiency and different kinds of security
features. This book will focus specifically on blockchain for
digital governance. It will provide information on the impact and
challenges of adopting Blockchain in Digital Governance and will
consolidate the current open issues and future research trends of
Blockchain which will have a societal impact. It not only
introduces and explores blockchain technology in Digital Governance
but will demonstrate applications of blockchain in Digital
Governance as well. This book addresses the impact and future
trends of Blockchain especially for Digital Governance, therefore
this book has spectrum of audience which includes under-graduate
and post-graduate students, researchers, academicians, industry
professionals, scientists working in research laboratories, and
more. Hence, the book will be recommended as an instant research
reference in college/university libraries. Apart for these
audiences mentioned above, the book will be informative for general
readers, economists, decision makers in the Government Sectors, and
all interested individuals.
Recent years have seen a proliferation of cybersecurity guidance in
the form of government regulations and standards with which
organizations must comply. As society becomes more heavily
dependent on cyberspace, increasing levels of security measures
will need to be established and maintained to protect the
confidentiality, integrity, and availability of information; the
privacy of consumers; and the continuity of economic activity.
Compliance is a measure of the extent to which a current state is
in conformance with a desired state. The desired state is commonly
operationalized through specific business objectives, professional
standards, and regulations. Assurance services provide a means of
evaluating the level of compliance with various cybersecurity
requirements. The proposed book will summarize current
cybersecurity guidance and provide a compendium of innovative and
state-of-the-art compliance and assurance practices and tools that
can function both as a reference and pedagogical source for
practitioners and educators. This publication will provide a
synopsis of current cybersecurity guidance that organizations
should consider in establishing and updating their cybersecurity
systems. Assurance services will also be addressed so that
management and their auditors can regularly evaluate their extent
of compliance. This book should be published because its theme will
provide company management, practitioners, and academics with a
good summary of current guidance and how to conduct assurance of
appropriate compliance.
This book examines the interconnections between artificial
intelligence, data governance and private law rules with a
comparative focus on selected jurisdictions in the Asia-Pacific
region. The chapters discuss the myriad challenges of translating
and adapting theory, doctrines and concepts to practice in the
Asia-Pacific region given their differing circumstances, challenges
and national interests. The contributors are legal experts from the
UK, Israel, Korea, and Singapore with extensive academic and
practical experience. The essays in this collection cover a wide
range of topics, including data protection and governance, data
trusts, information fiduciaries, medical AI, the regulation of
autonomous vehicles, the use of blockchain technology in land
administration, the regulation of digital assets and contract
formation issues arising from AI applications. The book will be of
interest to members of the judiciary, policy makers and academics
who specialise in AI, data governance and/or private law or who
work at the intersection of these three areas, as well as legal
technologists and practising lawyers in the Asia-Pacific, the UK
and the US.
This book shows how to design labour rights to effectively protect
digital platform workers, organise accountability on digital work
platforms, and guarantee workers' collective representation and
action. It acknowledges that digital work platforms entail enormous
risks for workers, and at the same time it reveals the extent to
which labour law is in need of reconstruction. The book focusses on
the conceptual links - often overlooked in the past - between
labour law's categories and its regulatory approaches. By
explaining and analysing the wealth of approaches that deconstruct
and reconceptualise labour law, the book uncovers the
organisational ideas that permeate labour law's categories as well
as its policy approaches in a variety of jurisdictions. These ideas
reveal a lack of fit between labour law's traditional concepts and
digital platform work: digital work platforms rarely behave like
hierarchical organisations; instead, they more often function as
market organisers. The book provides a fresh perspective for
international academic and policy debates on the regulation of
digital work platforms, as well as on the purposes and foundations
of labour law. It offers a way out of the impasse the debate around
labour law classification has reached, by showing what labour law
could learn from digital law approaches to platforms - and vice
versa.
This book focuses on the building of a crypto economy as an
alternative economic space and discusses how the crypto economy
should be governed. The crypto economy is examined in its
productive and financialised aspects, in order to distil the need
for governance in this economic space. The author argues that it is
imperative for regulatory policy to develop the economic governance
of the blockchain-based business model, in order to facilitate
economic mobilisation and wealth creation. The regulatory framework
should cater for a new and unique enterprise organisational law and
the fund-raising and financing of blockchain-based development
projects. Such a regulatory framework is crucially enabling in
nature and consistent with the tenets of regulatory capitalism.
Further, the book acknowledges the rising importance of private
monetary orders in the crypto economy and native payment systems
that do not rely on conventional institutions for value transfer. A
regulatory blueprint is proposed for governing such monetary orders
as 'commons' governance. The rise of Decentralised Finance and
other financial innovations in the crypto economy are also
discussed, and the book suggests a framework for regulatory
consideration in this dynamic landscape in order to meet a balance
of public interest objectives and private interests. By setting out
a reform agenda in relation to economic and financial governance in
the crypto economy, this forward-looking work argues for the
extension of 'regulatory capitalism' to this perceived 'wild west'
of an alternative economic space. It advances the message that an
innovative regulatory agenda is needed to account for the
economically disruptive and technologically transformative
developments brought about by the crypto economy.
As the internet has been regulated from its conception, many
widespread beliefs regarding internet freedom are actually
misconceptions. Additionally, there are already two main categories
of internet regulation systems in use: the open and the silent
IRSs. Unexpectedly, the former are quite popular among
authoritarian regimes, while the latter are implemented mainly in
Western democracies. Many IT experts and media analysts criticize
Western governments' choice to use a silent IRS, expressing their
fear that this could set a dangerous precedent for the rest of the
democratic countries around the world. New regulation systems must
be developed and implemented that are more acceptable to the
general public. Internet Censorship and Regulation Systems in
Democracies: Emerging Research and Opportunities is an essential
reference source that discusses the phenomenon of internet
regulation in general and the use of internet regulation systems
(IRSs) by authoritarian regimes and Western democracies and
proposes a blueprint for the development and implementation of a
fair internet regulation system (FIRS). The book also considers the
function of a fair internet regulation system in terms of
maximizing its effectiveness, keeping the implementation cost low,
and increasing the probability of acceptance by each country's
general public. Featuring research on topics such as governmental
control, online filtering, and public opinion, this book is ideally
designed for researchers, policymakers, government officials,
practitioners, academicians, and students seeking coverage on
modern internet censorship policies within various international
democracies.
This book illustrates current cyber laundering practices and the
underlying risks associated with them, such as cross-border crimes
and terrorism financing. Despite the existence of international
regulations and strong worldwide cooperation, countermeasures and
international response efforts are often hindered by enforcement
and jurisdictional issues, as well as online asset recovery
complexity.This work investigates the blockages to the
accomplishment of cyber laundering regulation and enforcement at
the international level. It provides strong legal recommendations
for fostering the construction of more efficient means of
implementation.
The advancement of information and communication technology has led
to a multi-dimensional impact in the arenas of law, regulation, and
governance. The laws, rules and regulations of the digital domain
remain a challenge with the transformation of technology. The
Constitution of many countries have declared data protection as a
fundamental right. Such a trend is evident not only by the current
reform of data protection law aimed at modernizing the global
regulatory framework but also by the judiciary in landmark
judgments. Furthermore, the legal domain must face many challenges
with the speed of technological innovations due to abject global
latitude, massive scale of content exchange and data collection,
and the relative secrecy issues of internet users. Thus, it is
essential to continue discussions involving policies and law that
regulate and monitor these activities and anticipate new laws that
should be implemented to protect users. This book will focus on the
complex relationships of technology and law, both in terms of
substantive legal responses to legal, social, and ethical issues
arising in connection with growing public engagement with
technology and the procedural impacts and transformative potential
of technology on traditional and emerging forms of dispute
resolution. This book will also provide a broader foundation upon
which academics and professionals in the fields could improve
current security activities and contribute to the protection of the
nation.
The second edition of this highly recommended work addresses the
interaction between conflict of laws, dispute resolution,
electronic commerce and consumer contracts. In addition it
identifies specific difficulties that conflicts lawyers and
consumer lawyers encounter in electronic commerce and proposes
original approaches to balance the conflict of interest between
consumers' access to justice and business efficiency. The European
Union has played a leading role in this area of law and its
initiatives are fully explored. It pays particular attention to the
most recent development in collective redress and
alternative/online dispute resolution. By adopting multiple
research methods, including a comparative study of the EU and US
approach; historical analysis of protective conflict of laws;
doctrinal analysis of legal provisions and economic analysis of
law, it provides the most comprehensive examination of frameworks
in cross-border consumer contracts.
The winner of the 2020 British Insurance Law Association Book
Prize, this timely, expertly written book looks at the legal impact
that the use of 'Big Data' will have on the provision - and
substantive law - of insurance. Insurance companies are set to
become some of the biggest consumers of big data which will enable
them to profile prospective individual insureds at an increasingly
granular level. More particularly, the book explores how: (i)
insurers gain access to information relevant to assessing risk
and/or the pricing of premiums; (ii) the impact which that
increased information will have on substantive insurance law (and
in particular duties of good faith disclosure and fair presentation
of risk); and (iii) the impact that insurers' new knowledge may
have on individual and group access to insurance. This raises
several consequential legal questions: (i) To what extent is the
use of big data analytics to profile risk compatible (at least in
the EU) with the General Data Protection Regulation? (ii) Does
insurers' ability to parse vast quantities of individual data about
insureds invert the information asymmetry that has historically
existed between insured and insurer such as to breathe life into
insurers' duty of good faith disclosure? And (iii) by what means
might legal challenges be brought against insurers both in relation
to the use of big data and the consequences it may have on access
to cover? Written by a leading expert in the field, this book will
both stimulate further debate and operate as a reference text for
academics and practitioners who are faced with emerging legal
problems arising from the increasing opportunities that big data
offers to the insurance industry.
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