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 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.

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.

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.

Stefan Larsson's Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. The overall analysis draws from conceptual studies of "property" in intellectual property. By using Karl Renner's account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of "copy" in copyright as well as the metaphorical battle of defining the BitTorrent site "The Pirate Bay" in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised "openness" of digital innovation.

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 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.

This fascinating book examines and offers critical comments on the new 'significant market power'-regime, as put into place by the 2003 European regulatory framework on electronic communications networks and services. An overview of this regime, its characteristics, guiding principles, and procedures is provided, using the mobile sector as a case study. The authors give a clear and comprehensive presentation of the new SMP-procedure that may lead to the imposition of remedies on undertakings with significant market power. The book also contains an analysis of all available European Commission comments on the notifications of draft measures by national regulatory authorities, for mobile as well as other markets. Addressing pressing issues, in view of the implementation of the new regulatory framework, this book is a useful working instrument for everyone who is active in the electronic communications sector including practicing lawyers, firms in the electronic communications sector, regulatory authorities, academics and policymakers throughout Europe.

In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.

Nothing impacts more on citizens than taxes, and nothing has had more impact on the way taxes are administered than the information technology revolution. This volume analyzes the experiences of a dozen or more countries in their effort to use information technology to improve taxpayer service, compliance and revenue performance. Administrative re-engineering using information technology is the order of the day. Information technology is changing the boundaries of tax administration from isolated single tax administrative units, to unified tax authorities that administer all taxes including the functions of customs. Information sharing by the many areas of tax administration is the key to reducing compliance costs borne by taxpayers, as well as enhancing the levels of voluntary compliance with tax laws. Private sector service providers are becoming an integrated part of the administration of taxes. The tax administration system of the future is likely to operate much more like the service oriented financial services sector of the present, than the heavy handed, and too often corrupt, bureaucractic institutions of the past. This volume provides some insight into what is being done now, including a sobering discussion of the implementation problems being faced, in order to bring the possibilities of the information technology revolution into the reality of tax administration.

Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.

On 25 January 2012, the European Commission presented its long awaited new Data protection package . With this proposal for a drastic revision of the data protection framework in Europe, it is fair to say that we are witnessing a rebirth of European data protection, and perhaps, its passage from an impulsive youth to a more mature state. Technology advances rapidly and mobile devices are significantly changing the landscape. Increasingly, we carry powerful, connected, devices, whose location and activities can be monitored by various stakeholders. Very powerful social network sites emerged in the first half of last decade, processing personal data of many millions of users. Updating the regulatory network was imminent and the presentation of the new package will initiate a period of intense debate in which the proposals will be thoroughly commented upon and criticized, and numerous amendments will undoubtedly be proposed.

This volume brings together some 19 chapters offering conceptual analyses, highlighting issues, proposing solutions, and discussing practices regarding privacy and data protection. In the first part of the book, conceptual analyses of concepts such as privacy and anonymity are provided. The second section focuses on the contrasted positions of digital natives and ageing users in the information society. The third section provides four chapters on privacy by design, including discussions on roadmapping and concrete techniques. The fourth section is devoted to surveillance and profiling, with illustrations from the domain of smart metering, self-surveillance and the benefits and risks of profiling. The book concludes with case studies pertaining to communicating privacy in organisations, the fate of a data protection supervisor in one of the EU member states and data protection in social network sites and online media.

This volume brings together some 19 chapters offering conceptual analyses, highlighting issues, proposing solutions, and discussing practices regarding privacy and data protection. In the first part of the book, conceptual analyses of concepts such as privacy and anonymity are provided. The second section focuses on the contrasted positions of digital natives and ageing users in the information society. The third section provides four chapters on privacy by design, including discussions on roadmapping and concrete techniques. The fourth section is devoted to surveillance and profiling, with illustrations from the domain of smart metering, self-surveillance and the benefits and risks of profiling. The book concludes with case studies pertaining to communicating privacy in organisations, the fate of a data protection supervisor in one of the EU member states and data protection in social network sites and online media."

China's boldest advocate for press and speech freedom provides a collection of his 1981-1999 arguments for greater freedom of press and speech, as presented to China's government, Party officials, and its intellectual community. Sun is the former Director of the Institute of the Institute of Jouranlism and Communication and the original Director of the Committee to Draft China's Press Law. His published articles-and four new ones for this book-chronicle a continuum of painstaking, relentless, and, ultimately, influential logic. He elucidates the media's disastrous role in the Cultural Revolution, the characteristics of socialist press freedom, the counter-productivity of centralized media governance, the need for law and for media diversity, and the freedoms necessary to empower the proletariat. Sun's intention is not opposition. He evokes the country's founding premises, the principal power of the proletariat, and the pattern of early, market economy successes to chisel away at entrenched centralism and lingering feudalism. This collection offers rare entry into the mind of an exceedingly brave and principled man who-for 20 years-has declared those principles through unmitigating difficulty and dullness. An important think-piece for all scholars and researchers involved with press freedoms and contemporary China.

This volume focuses on the responsibilities of online service providers (OSPs) in contemporary societies. It examines the complexity and global dimensions of the rapidly evolving and serious challenges posed by the exponential development of Internet services and resources. It looks at the major actors - such as Facebook, Google, Twitter, and Yahoo! - and their significant influence on the informational environment and users' interactions within it, as well as the responsibilities and liabilities such influence entails. It discusses the position of OSPs as information gatekeepers and how they have gone from offering connecting and information-sharing services to paying members to providing open, free infrastructure and applications that facilitate digital expression and the communication of information. The book seeks consensus on the principles that should shape OSPs' responsibilities and practices, taking into account business ethics and policies. Finally, it discusses the rights of users and international regulations that are in place or currently lacking.

In this book academic and police officer Erik van de Sandt researches the security practices of cyber criminals. While their protective practices are not necessarily deemed criminal by law, the countermeasures of cyber criminals frequently deviate from prescribed bona fide cyber security standards. This book is the first to present a full picture on these deviant security practices, based on unique access to confidential police sources related to some of the world's most serious and organized cyber criminals. The findings of this socio-technical-legal research prove that deviant security is an academic field of study on its own, and will help a non-technical audience to understand cyber security and the challenges of investigating cyber crime.