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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
Examining open EDI, an application of electronic commerce, this volume deals with its relationship with law. Electronic commerce applications all allow the transfer of electronic data from one point to another. Open EDI also allows for commercial transactions to take place in a fully-automated and highly-organized trading environment. Open EDI permits "ad hoc" open electronic transactions irrespective of geographical border and jurisdictions among trading partners with no prior trade relationship. By doing this open EDI limits the possibility of using up-front interchange agreements to address legal problems of the interchange. It is therefore necessary to use legal instruments supported by information technology to overcome legal problems. The book advocates the use of possible regulations to address the need of the users to act in such a trading environment uninhibited by basic legal concerns. It concludes that to respond to the challenge of open EDI it is necessary to work towards a new legal framework based on international law and supported by information technology.
The opening of the European postal market to competition is gaining ground as Member States transpose the 1997 postal directive into their national legislation and private postal companies expand their market shares. Moreover, changing regulatory trends (for example, the ever-lower weight and price limits delimitating the scope of the reserved area) encourage further growth in the continuing liberalization of this important network industry. In this informative symposium, 19 practitioners and academics expert in postal sector dynamics present detailed research findings, analysis, and recommendations. The book is based on a conference held in Brussels in February 2001, under the auspices of the Universities of Liege and Ghent and the Free University of Brussels. It provides an in-depth assessment of the challenges presented not only by the prospect of liberalization but also by the transition (of particular significance during the next few years) from the traditional monopoly system. Among the critical matters discussed are the following: terminal dues for international mail; remail provisions; the UPU and WTO constraints on the European postal market; EU Commission decisions and ECJ case law interpreting the postal directive; the effects of EC Treaty Articles 81 and 82 and the Merger Control Regulation; abuse of market power, especially by incumbent public postal operators; the "essential facilities" doctrine; and funding of universal service obligations. In addition, there are specific country reports from five EU Member States (France, Germany, Italy, Portugal, and the United Kingdom) and Norway, bearing witness to the diversity of means adopted to implement the postal directive. Business persons and their counsel, regulatory officials, practitioners, and academics interested in the creation of an EU-wide postal market-as well as in the ongoing reliability and improvement of postal service - should find this text valuable.
An exploration of telecommunications law in the USA. It offers a jargon-free discussion of how electronic media and telecommunications companies are required to price their services, interconnect with customers and other service providers, and respond to competition. This revised edition includes a comprehensive look at the Telecommunications Act of 1996, its sweeping reforms, and the short-term increase in TC regulation complexity resulting from its passage. The volume also covers how the rapid advance of telecommunications technology has drastically altered regulations first developed when TC meant fixed networks, copper wire and mechanical switches.
This volume provides an overview of cyber economic crime in India, analyzing fifteen years of data and specific case studies from Mumbai to add to the limited research in cyber economic crime detection. Centering around an integrated victim-centered approach to investigating a global crime on the local level, the book examines the criminal justice system response to cyber economic crime and proposes new methods of detection and prevention. It considers the threat from a national security perspective, a cybercrime perspective, and as a technical threat to business and technology installations. Among the topics discussed: Changing landscape of crime in cyberspace Cybercrime typology Legal framework for cyber economic crime in India Cyber security mechanisms in India A valuable resource for law enforcement and police working on the local, national, and global level in the detection and prevention of cybercrime, Cyber Economic Crime in India will also be of interest to researchers and practitioners working in financial crimes and white collar crime.
This book presents groundbreaking discussions on e-residency, cryptocurrencies, scams, smart contracts, 3D printing, software agents, digital evidence and e-governance at the intersection of law, legal policies and modern technologies. The reader benefits from cutting-edge analyses that offer ideas and solutions to some of the most pressing issues caused by e-technologies. This collection is a useful tool for law and IT practitioners and an inspiring source for interdisciplinary research. Besides serving as a practical guideline, this book also reflects theoretical dimensions of future perspectives, as new technologies are not meant to change common values but to accommodate them.
Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.
One of the great transitions as the Soviet Union dissolved involved the transformation of state broadcasting in Russia and the Newly Independent States. This book deals with the turmoil associated with struggles in Post-Soviet Russia: struggles for journalistic editorial autonomy, the bloody media wars between the Yeltsin government and the legislature, the role of the media in the coup, and the role of the United States, other governments and non-government organizations in shaping the new media. The story in which the media oscillates between independence and renewed modes of control.
Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the "European" public interest and the changed nature of communications as a public service.
Of the major industries formerly characterized by a high degree of state monopoly control, telecommunications is proving to be increasingly susceptible to market failure. The fundamental causes of this difficulty, according to the author of this far-reaching analysis, are two-fold: abusive behaviour of incumbents aimed at foreclosing competitors, and the regulatory challenges posed by the technological convergence of the telecommunications, media, and IT sectors. The answers, Dr. Nikolinakos shows with extraordinary rigour and detail, lie in the enforcement of specially-crafted competition rules and proportionate, targeted sectoral regulation. This book presents the most thorough going model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis, the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertaking s unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines. Numerous legislative and policy documents are presented in full detail, with analysis taking into account the comments delivered by all interested parties (e.g., the European Commission, national competent authorities, and market players such as fixed incumbent operators, alternative operators, internet service providers, mobile operators, cable operators, associations of undertakings, and associations of consumers). No other book will provide interested readers with such crucial insight into the reasons behind the Commission s strategy and the often contradictory interests of market players. Because the argument is scrupulously grounded in informed awareness of existing and emerging realities, this landmark volume will quickly establish itself as a resource to be consulted and followed for many years to come.
As information is both the source and the product of all legal work, legal practitioners are crucially dependent on good access to legal information. The legal databases that are currently available to store and retrieve statutes, judicial decisions, and legal literature, however, often pose problems to the users with the effect that they cannot find the information they need. To a large extent, these problems can be attributed to the limitations of the traditional Boolean query mechanism used in text databases which is difficult for users to operate. As a possible solution for these problems, in this book an architecture is proposed for an intelligent interface to legal databases. An intelligent interface uses knowledge of the task domain of legal practitioners to operate as an intelligent intermediary between the user and the database. This work addresses the most pressing issues that need to be resolved to allow for the development of advanced user-friendly legal databases. It involves a study into the nature of legal information-handling and the representation of legal knowledge. In addition to the theoretical study, it is demonstrated, with the development of a prototype, how the architecture can be used for the development of practical legal information retrieval systems. The results of these studies are interpreted to discuss a number of possible applications for the intelligent interface architecture, including the publication of government information and the organisation of legal information on the Internet.
This book includes detailed coverage of intellectual property, contract, encryption and liability issues, including allocation of domain names, use of metatags and other forms of search engine optimization, digital signatures and the position of ISPs and other intermediaries. There are case studies on electronic conveyancing and e-taxation. Though the book is written from a UK perspective, comparative material is included from other jurisdictions, including America and Singapore in particular.
This is the first book to explore the broad influence of computers and television on the evolution of the American legal process. Katsh asserts that the electronic media have had an increasingly powerful impact on all facets of American law - its methods, values, and societal role. These changes, he argues, are related primarily to the appearance of new means of storing, processing and communicating information. Highly publicized legal cases, such as those involving libel verdicts, obscenity prosecutions, the First Amendment and other areas of media law have focused attention on only one part of the new media's impact on law. Katsh broadens the debate about the relationship between law and the electronic media, explaining the critical role of information in many different aspects of the legal process and arguing that the influence of new modes of communication can be seen in changes occurring in goals, doctrines, concepts, and beliefs that underlie our system of law. In the history of law, fundamental change has occurred very infrequently. This book looks at law in an evolutionary and historical light and explains why these new forms of electronic communications may be the trigger for one of these rare transformations.
This handbook provides a comprehensive treatise of the concepts and nature of technology-facilitated gendered violence and abuse, as well as legal, community and activist responses to these harms. It offers an inclusive and intersectional treatment of gendered violence including that experienced by gender, sexuality and racially diverse victim-survivors. It examines the types of gendered violence facilitated by technologies but also responses to these harms from the perspectives of victim advocates, legal analyses, organisational and community responses, as well as activism within civil society. It is unique in its recognition of the intersecting drivers of inequality and marginalisation including misogyny, racism, colonialism and homophobia. It draws together the expertise of a range of established and globally renowned scholars in the field, as well as survivor-advocate-scholars and emerging scholars, lending a combination of credibility, rigor, currency, and innovation throughout. This handbook further provides recommendations for policy and practice and will appeal to academics and students in Criminology, Criminal Justice, Law, Socio-Legal Studies, Politics, as well as Women's and/or Gender Studies.
Augmented Reality (AR) is the blending of digital information in a real-world environment. A common example can be seen during any televised football game, in which information about the game is digitally overlaid on the field as the players move and position themselves. Another application is Google Glass, which enables users to see AR graphics and information about their location and surroundings on the lenses of their "digital eyewear", changing in real-time as they move about. Augmented Reality Law, Privacy, and Ethics is the first book to examine the social, legal, and ethical issues surrounding AR technology. Digital eyewear products have very recently thrust this rapidly-expanding field into the mainstream, but the technology is so much more than those devices. Industry analysts have dubbed AR the "eighth mass medium" of communications. Science fiction movies have shown us the promise of this technology for decades, and now our capabilities are finally catching up to that vision. Augmented Reality will influence society as fundamentally as the Internet itself has done, and such a powerful medium cannot help but radically affect the laws and norms that govern society. No author is as uniquely qualified to provide a big-picture forecast and guidebook for these developments as Brian Wassom. A practicing attorney, he has been writing on AR law since 2007 and has established himself as the world's foremost thought leader on the intersection of law, ethics, privacy, and AR. Augmented Reality professionals around the world follow his Augmented Legality (R) blog. This book collects and expands upon the best ideas expressed in that blog, and sets them in the context of a big-picture forecast of how AR is shaping all aspects of society.
The main objectives of this book are to expose key aspects that have a relevance when dealing with open data viewed from different perspectives and to provide appealing examples of how open data is implemented worldwide. The concept of open data as we know it today is the result of many different initiatives, both of a legislative and non-legislative nature, and promoted by a wide range of actors. Numerous regulatory antecedents to foster the concept of open data and embed it in national and international policy agendas have been undertaken on both sides of the Atlantic, as well as at a supranational level. The book highlights a number of the efforts made to promote open data in Europe, Asia and the United States. In addition to new insights, practical guidance and multiple disciplinary perspectives on open data, the book also addresses the transformation of current developments towards open data, which may be referred to as the democratisation of data. This book will support open data practitioners as well as open data scholars in their endeavours to promote open data implementation and research. Bastiaan van Loenen is associate professor and director of the Knowledge Centre Open Data at the Faculty of Architecture and The Built Environment of Delft University of Technology in the Netherlands, as is Glenn Vancauwenberghe, who is a post-doctoral researcher, and Joep Crompvoets is a professor at the Public Governance Institute of the KU Leuven in Belgium.
The only book of its kind to look at how our legal system needs to change to accommodate a world in which machines, in addition to people, make decisions. For years, robots were solely a matter of science fiction. Today, artificial intelligence technologies serve to accelerate our already fast-paced lives even further. From Apple's Siri to the Google Car to GPS, machines and technologies that make decisions and take action without direct human supervision have become commonplace in our daily lives. As a result, laws must be amended to protect companies that produce robots and the people that buy and use them. This book provides an extensive examination of how numerous legal areas-including liability, traffic, zoning, and international and constitutional law-must adapt to the widespread use of artificial intelligence in nearly every area of our society. The author scrutinizes the laws governing such fields as transportation, medicine, law enforcement, childcare, and real estate development. Describes court cases, regulations, and statutes that are affected by the technological advances of artificial intelligence Eschews overtly technical or legalistic discussions to provide clear, accessible information Discusses a number of popular, topical, and controversial technologies, providing historical background for each and their legal implications Focuses on devices that are already in use to illustrate where the law falls short in governing artificial intelligence and how legal models should be amended
This comprehensive study examines the case of AM stereo and subsequent technologies to demonstrate the FCC's evolution from stern to reluctant regulator. It also examines emerging technologies, such as multichannel television sound, digital audio broadcasting, and high definition television, and discusses their impact on the evolution of broadcast regulation. In the 1980s the tension between governmental control and the marketplace resulted in the FCC's deregulation of TV and radio, electing to set only technical operating parameters and allowing legal operation of any system that meets those minimal standards. Huff argues that this approach is likely to influence regulatory approaches to other new developments in broadcast technologies. The extensive overview of the industry and the study of the interrelationships between the technologies will appeal to communication scholars in the fields of radio and television as well as interest industry professionals.
The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.
This volume brings together papers that offer methodologies, conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eight annual International Conference on Computers, Privacy, and Data Protection, CPDP 2015, held in Brussels in January 2015. The book explores core concepts, rights and values in (upcoming) data protection regulation and their (in)adequacy in view of developments such as Big and Open Data, including the right to be forgotten, metadata, and anonymity. It discusses privacy promoting methods and tools such as a formal systems modeling methodology, privacy by design in various forms (robotics, anonymous payment), the opportunities and burdens of privacy self management, the differentiating role privacy can play in innovation. The book also discusses EU policies with respect to Big and Open Data and provides advice to policy makers regarding these topics. Also attention is being paid to regulation and its effects, for instance in case of the so-called 'EU-cookie law' and groundbreaking cases, such as Europe v. Facebook. This interdisciplinary book was written during what may turn out to be the final stages of the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.
This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, that is, restrictions on free movement. After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market. They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU. The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made? The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which, at the beginning of the 21st century, has only been examined by legal scholars to a minor extent.
How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today. The book is organized around various legal issues raised by both plaintiffs and defendants in copyright litigation, and the problems of the U.S. Patent & Trademark Office in dealing with the rapid proliferation of applications for software-related patents. The author explains important terms and concepts in software litigation such as infringement, substantial similarity, reverse engineering, the merger defense, and "look and feel". Galler's book is a succinct, readable survey for computer professionals, nonlegal academics, and lawyers who need a fast summary of the critical issues and cases in software and intellectual property matters.
Title 47 presents regulations impacting equipment, carrier services, broadcast radio services, safety and special radio services, and policies related to national security. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
This book focuses on the phenomenon of hacktivism and how it has been dealt with up to now in the United States and the United Kingdom. After discussing the birth of the phenomenon and the various relevant groups, from Electronic Disturbance Theater to Anonymous, their philosophies and tactics, this timely and original work attempts to identify the positive and negative aspects hacktivism through an analysis of free speech and civil disobedience theory. Engaging in this process clarifies the dual nature of hacktivism, highlighting its potential for positive contributions to contemporary politics, whilst also demonstrating the risks and harms flowing from its controversial and legally ambiguous nature. Based on this hybrid nature of hacktivism, Karagiannopoulos proceeds to offer a critique of the current responses towards such practices and their potential for preserving the positive elements, whilst mitigating the risks and harms involved in such political practices. Finally, the study focuses on identifying an alternative, symbiotic rationale for responding to hacktivism, based on a cluster of micro-interventions moving away from the conflict-based criminal justice model and the potentially unjust and inefficacious results it entails. |
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