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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
This book provides a wide and deep perspective on the ethical issues raised by pervasive information and communication technology (PICT) - small, powerful, and often inexpensive Internet-connected computing devices and systems. It describes complex and unfamiliar technologies and their implications, including the transformative potential of augmented reality, the power of location-linked information, and the uses of "big data," and explains potential threats, including privacy invaded, security violated, and independence compromised, often through widespread and lucrative manipulation. PICT is changing how we live, providing entertainment, useful tools, and life-saving systems. But the very smartphones that connect us to each other and to unlimited knowledge also provide a stream of data to systems that can be used for targeted advertising or police surveillance. Paradoxically, PICT expands our personal horizons while weaving a web that may ensnare whole communities. Chapters describe particular cases of PICT gone wrong, but also highlight its general utility. Every chapter includes ethical analysis and guidance, both specific and general. Topics are as focused as the Stuxnet worm and as broad as the innumerable ways new technologies are transforming medical care. Written for a broad audience and suitable for classes in emerging technologies, the book is an example of anticipatory ethics - "ethical analysis aimed at influencing the development of new technologies" (Deborah Johnson 2010). The growth of PICT is outpacing the development of regulations and laws to protect individuals, organizations, and nations from unintended harm and malicious havoc. This book alerts users to some of the hazards of PICT; encourages designers, developers, and merchants of PICT to take seriously their ethical responsibilities - if only to "do no harm" - before their products go public; and introduces citizens and policy makers to challenges and opportunities that must not be ignored.
The Telecommunications Act of 1996 envisioned a competitive free-for-all in the U.S. telecommunications industry with removal of barriers to entry in local telecommunications markets and the lifting of the artificial restrictions that kept the Regional Bell Operating Companies (RBOCs) out of the interLATA long-distance market. After close to 5 years, only one RBOC has been granted permission (controversially) to enter the interLATA market, and local competition has yet to provide most consumers with meaningful choices. In addition, the wave of mergers across the industry has raised the specter of putting the former Bell System back together again. Policymakers now openly question whether the Act can deliver what it promised. Three principal themes are developed in this book. First, there has been a coordination failure between Congress and the FCC in translating the principles embodied in the Act into practice. The authors provide evidence for this by analyzing stock market reactions to legislative and regulatory actions. This coordination failure was largely predictable, given the ambiguity in the Act, as well as conflicting jurisdictions between the FCC and the states. Second, the Act calls for wholesale prices to be based on cost.' Regulators adopted a costing standard (TELRIC) that provides a means to subsidize competitive entry in local telephone service markets. The ready adoption of the TELRIC standard by regulators is shown to be tied to the third theme: price cap regulation provides regulators with insurance' against the adverse effects of competition in local telephone markets. Statistical analysis reveals that regulators in price cap states set uniformly lower unbundled network element prices (lower barriers to entry) in comparison with regulators in rate-of-return and earnings sharing states. The result is a triumph of regulatory processes over market processes - the antithesis of the purpose of the Act.
The classification of services in the digital economy proves
critical for doing business, but it appears to be a particularly
complex regulatory matter that is based upon a manifold set of
issues. In the context of the General Agreement on Trade in
Services (GATS), when the services classification scheme was
drafted in the early 1990s, convergence processes had not unfolded
yet and the internet was still in its infancy and not a reality in
daily life. Therefore, policy makers are now struggling with the
problem of regulating trade in electronic services and are in
search of a future-oriented solution for classifying them in
multilateral and preferential trade agreements. In late fall 2011,
the authors of this study were mandated by the European Union,
Delegation to Vietnam, in the context of the Multilateral Trade
Assistance Project 3 (MUTRAP 3), to work out a report clarifying
the classification of services in the information/digital economy
and to assess the impact of any decision regarding the
classifications on the domestic and external relations policy of
Vietnam, as well as to discuss the relevant issues with local
experts during three on-site visits.
Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today's scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten. Containing contributions from expert international scholars, this comprehensive Handbook investigates the liability of internet intermediaries in cases of defamation and the emerging problem of global injunctions before concluding with eight country focussed studies. Engaging and accessible, this Handbook will be a key resource for students and scholars researching in the fields of privacy and defamation law, internet and technological law and information and media law. Contributors include: T.D.C. Bennett, S. Bretthauer, J. Campbell, P. Coe, M. Cornils, S.C. Ekaratne, A. Gajda, G. Gil, A. Koltay, R. Krotoszynski, J. Kulesza, D. Mangan, D. Milo, R. Moosavian, J. Oster, K.S. Park, M. Pearson, J. Reichel, D. Rolph, J. Shimizu, D.N. Staiger, R.L. Weaver, R.H. Weber, P. Wragg, M.N. Yan, V. Zeno-Zencovich
This book offers a comparative analysis of the domain name registration systems utililsed in Australia and the United Kingdom. Taking an international perspective, the author analyses the global trends and dynamics of the domain name registration systems and explores the advantages and disadvantages of restrictive and less restrictive systems by addressing issues of consumer protection. The book examines the regulatory frameworks in the restrictive and unrestrictive registration systems and considers recent developments in this area. Jenny Ng also examines the legal and economic implications of these regulatory frameworks, drawing upon economic theory, regulatory and systems theory as well as applying rigorous legal analysis. In doing so, this work proposes ways in which such systems could be better designed to reflect the needs of the specific circumstances in individual jurisdictions. The Domain Name Registration System will be of particular interest to academics and students of IT law and e-commerce.
Crossroads in New Media, Identity and Law is a compilation of essays on the nexus of new information and communication technologies, cultural identity, law and politics. The essays provoke timely discussions on how these different spheres affect each other and co-evolve in our increasingly hyper-connected and globalized world.
This book offers a comparative analysis of the domain name registration systems utililsed in Australia and the United Kingdom. Taking an international perspective, the author analyses the global trends and dynamics of the domain name registration systems and explores the advantages and disadvantages of restrictive and less restrictive systems by addressing issues of consumer protection. The book examines the regulatory frameworks in the restrictive and unrestrictive registration systems and considers recent developments in this area. Jenny Ng also examines the legal and economic implications of these regulatory frameworks, drawing upon economic theory, regulatory and systems theory as well as applying rigorous legal analysis. In doing so, this work proposes ways in which such systems could be better designed to reflect the needs of the specific circumstances in individual jurisdictions. The Domain Name Registration System will be of particular interest to academics and students of IT law and e-commerce.
In today's society, the power of someone's reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing. Thus far, influencers have been under scrutiny for not disclosing paid advertising, yet their activity has many more questionable implications. This edited volume combines insights from law, economics, ethics and communication science to reveal these implications and propose new ways in which public bodies, social media companies and citizens ought to relate to influencer marketing. Academics and students of Law, Economics, Ethics and Communication Science will find policy making insights in this collection. In addition, The Regulation of Social Media Influencers will be essential reading for regulators. Contributors include: E. Apa, M. de Cock Bunning, S. de Jans, M. de Veirman, R. Ducato, I. Ebert, C. Fieseler, C. Goanta, L. Hudders, M. Leiser, M. Leszczynska, D. Mangan, G. Newlands, F. Pflucke, O. Pollicino, S. Ranchordas, D. Sindermann, E. van den Abeele, S. van der Hof, G. van Dijck, V. Verdoodt, I. Wildhaber
The metaverse seems to be on everybody's lips - and yet, very few people can actually explain what it means or why it is important. This book aims to fill the gap from an interdisciplinary perspective informed by law and media and communications studies. Going beyond the optimism emanating from technology companies and venture capitalists, the authors critically evaluate the antecedents and the building blocks of the metaverse, the design and regulatory challenges that need to be solved, and commercial opportunities that are yet to be fully realised. While the metaverse is poised to open new possibilities and perspectives, it will also be a dangerous place - one ripe with threats ranging from disinformation to intellectual property theft to sexual harassment. Hence, the book also offers a useful guide to the legal and political governance issues ahead while also contextualising them within the broader domain of governance and regulation of digital technologies.
This is a research and reference guide to the telecommunications industry in the United States, providing an account of legislative and policy changes up until the publication of the work. Contributions by scholars in telecommunications law and policy survey the post-1996 legislative field, giving overviews of the 1996 Act itself, the impact of the legislation on national and international competition, regulation of the industry and the MCI/FCC cases in California, mergers and acquisitions, taxation and FCC reform.
Questions concerning the quality of media performance and the
effectiveness of media policymaking often revolve around the extent
to which the media system fulfills the values inherent in diversity
and localism principles. This edited volume addresses challenges
and issues relating to diversity in local media markets from a
media law and policy perspective. Editor Philip M. Napoli provides
a conceptual and empirical framework for assessing the
success/failure of media markets and media outlets in fulfilling
diversity and localism objectives.
Email and Internet use is increasingly topical as employers and employees test the boundaries of acceptable use of new communications technology in the workplace. The potential legal liabilities make this a crucial decision-making area for all involved in human resources management. Tolley's Managing Email and Internet Use will provide you with the essential legal guidance and practical advice to establish, implement and enforce a policy for internet and Email use in your workplace. Tolley's Managing Email and Internet Use analyses and interprets (in plain language) the law on monitoring employees' Email and internet activity, the use of confidentiality notices, privacy, harassment and Email interception by employers. It also provides information on the key regulations and guidelines which affect Email and internet policy, including the Human Rights Act 1998, Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000. Tolley's Managing Email and Internet Use is the only practical guide to offer you: - strategic guidance on implementing, policing and maintaining an effective Email and internet policy - Current thinking on managing Email and internet use - Sample policies, disclaimers, rules and procedures to assist in establishing your own guidelines - A practical approach featuring questions and answers, checklists and case studies - An accessible read regardless of previous legal experience - Latest case law from recent cases involving Email and internet policy Tolley's Managing Email and Internet Use is a complete reference source for Email and internet policy in the workplace.
Combines academic rigour with case studies and activities designed to aid learning Suitable for courses both in the UK and internationally, and it uses international examples
This book provides a comprehensive guide to legal issues which have arisen as a result of the growth of the internet and the worldwide web. As well as discussing each topic in detail, Jonathan Rosenoer includes extensive coverage of the relevant cases and their implications for the future. Topics covered include: copyright and trademark issues, defamation, privacy, liability, electronic contracts, tax issues, and ethics. A potted history of the significant legal events is included which runs from the founding of the Electronic Frontier Foundation to the 1996 Telecommunications Act. About the author: Jonathan Rosenoer has been general counsel for the Haft Corporation, Executive Editor for Lexis Counsel Connect, and is best known for his CyberLaw column which has a distribution list of over four million.
Cybercrime is remarkably varied and widespread, and financial losses range from a few hundred dollars being extorted to multi-million dollar cyberfraud cases. Increasingly, cybercrime also involves the risk of terrorist attacks bringing down a major part of the Internet. Countries are discovering that it may be impossible for them to prosecute cybercriminals. Cybercrimes, unlike 'ordinary' crimes, are transnational in nature and it is often difficult to say just where they take place. This causes legal problems, since jurisdiction is usually still confined to the place where the crime was committed. A related issue is to what extent the police can investigate cybercrimes across borders, through the Internet: do they infringe the sovereignty of other countries? This book surveys how these issues in cybercrime jurisdiction are dealt with by countries around the world, including the US, Japan, Korea, India, Brazil, Chile, Australia, New Zealand, Italy, Germany, Belgium, Denmark, and the UK. A score of experts assess how well the laws of their countries and the Cybercrime Convention deal with transnational cybercrime, and how jurisdiction conflicts should be resolved. With this in-depth survey of views and practices of cybercrime jurisdiction, the authors hope to contribute to a more concerted international effort towards effectively fighting cybercrime. The book is therefore highly recommended to policy-makers, members of the judiciary, academics and practitioners. Bert-Jaap Koops is Professor of Regulation & Technology at the Tilburg Institute for Law, Technology, and Society (TILT) of Tilburg University, The Netherlands. Susan W. Brenner is NCR Distinguished Professor of Law & Technology, University of Dayton School of Law, Ohio, US.
This book presents an evaluation of recent legislative initiatives against unsolicited commercial e-mail (spam) in the European Union. The authors provide an analysis of the meaning and interpretation of the relevant new regulatory regime in the EU. They address international aspects of the fight against spam (intra-European activities and supranational policies), the dilemmas of dealing with spam and the importance of effective enforcement mechanisms. Their conclusions and recommendations provide directions, both in terms of further research as well as in terms of practical policy measures. This book is therefore highly recommended for academics as well as policy-makers and practitioners in the field of IT and law. Lodewijk F. Asscher is a researcher at the Institute for Information Law, University of Amsterdam and a local authority councillor for the City of Amsterdam. He prepared the present book in co-operation with Sjo Anne Hoogcarspel, Attorney at Law with Freshfields Bruckhaus Deringer, Amsterdam, The Netherlands. This is Volume 10 in the Information Technology and Law (IT&Law) Series
This book presents the latest and most relevant studies, surveys, and succinct reviews in the field of financial crimes and cybercrime, conducted and gathered by a group of top professionals, scholars, and researchers from China, India, Spain, Italy, Poland, Germany, and Russia. Focusing on the threats posed by and corresponding approaches to controlling financial crime and cybercrime, the book informs readers about emerging trends in the evolution of international crime involving cyber-technologies and the latest financial tools, as well as future challenges that could feasibly be overcome with a more sound criminal legislation framework and adequate criminal management. In turn, the book highlights innovative methods for combating financial crime and cybercrime, e.g., establishing an effective supervision system over P2P; encouraging financial innovation and coordination with international anti-terrorism organizations and multiple countries; improving mechanisms for extraditing and punishing criminals who defect to another country; designing a protection system in accordance with internationally accepted standards; and reforming economic criminal offenses and other methods that will produce positive results in practice. Given its scope, the book will prove useful to legal professionals and researchers alike. It gathers selected proceedings of the 10th International Forum on Crime and Criminal Law in the Global Era (IFCCLGE), held on Nov 20-Dec 1, 2019, in Beijing, China.
This book examines the timely issue of artificial intelligence (AI) and law. At this moment, AI is rapidly developing and being utilized in many different sectors. Meanwhile, the rise of AI raises complex questions and poses new challenges-new products and services involving AI will require new regulations and standards to minimize potential negative side-effects and maximize the benefits of this new technology, both within domestic law and international law. Thus, this book focuses on the impact of AI on international law and seeks ways to develop international law frameworks to adequately address the challenges of the AI era. In this context, new forms of inter-state conflicts and emergence of new subjects and objects of international law are discussed along with relevant up-to-date developments in major jurisdictions. Issues arising from the advent of AI relating to state sovereignty, state responsibility, dispute settlements, and north-south divide are also considered.
The CCPA (California Consumer Privacy Act) is a data privacy law that took effect on January 1, 2020. It applied to businesses that collect California residents' personal information, and its privacy requirements are similar to those of the GDPR (General Data Protection Regulation). On May 4, 2020, Californians for Consumer Privacy (an advocacy group, founded by Alistair MacTaggart) announced that it had collected more than 900,000 signatures to qualify the CPRA (California Privacy Rights Act) for the November 2020 ballot. Also known as 'CCPA 2.0', the CPRA enhances privacy protections established by the CCPA and builds on consumer rights. CPRA effectively replaces the CCPA and bolsters privacy protections for California consumers. While many elements of the two laws are similar, there are some striking differences that could impact CPRA implementation plans, including: Limiting deletion rights that apply to unstructured data A new right to data minimization with retention requirements related to personal data New definitions and obligations related to cross-context behavioral advertising Amending breach liability to include an email address in combination with a password or security question Establishing a new regulatory enforcement body: the California Privacy Protection Agency Organizations that fail to comply with the CPRA's requirements are subject to civil penalties of up to $7,500 and a civil suit that gives every affected consumer the right to seek between $100 and $750 in damages per incident, or actual damages if higher. The law is complex and requires careful reading to understand the actual requirements for organizations - The California Privacy Rights Act - An implementation and compliance guide is here to help you. Ensure your business is CPRA compliant with essential guidanceThis book is your ideal resource for understanding the CPRA and how you can implement a strategy to ensure your organization complies with the legislation. It will give you a comprehensive understanding of the legislation by providing definitions of key terms, explanations of the security requirements, details of the breach notification procedure, and covering the penalties for noncompliance. The California Privacy Rights Act - An implementation and compliance guide is essential reading for anyone with business interests in the state of California. Not only does it serve as an introduction to the legislation, it also discusses the challenges a business may face when trying to achieve CPRA compliance. It gives you the confidence to begin your CPRA compliance journey, while highlighting the potential ongoing developments of the CPRA. Buy this book and start implementing your CPRA compliance strategy today!
ISO/IEC 27701:2019: An introduction to privacy information management offers a concise introduction to the Standard, aiding those organisations looking to improve their privacy information management regime, particularly where ISO/IEC 27701:2019 is involved.
This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.
Scientific experiments and medical improvements in recent years have augmented our bodies, made them manipulable; our personal data have been downloaded, stored, sold, analyzed; and the pandemic has given new meaning to the idea of 'virtual presence'. Such phenomena are often thought to belong to the era of the 'posthuman', an era that both promises and threatens to redefine the notion of the human: what does it mean to be human? Can technological advances impact the way we define ourselves as a species? What will the future of humankind look like? These questions have gained urgency in recent years, and continue to preoccupy cultural and legal practitioners alike. How can the law respond and adapt to a world shaped by technology and AI? How can it ensure that technological developments remain inclusive, while simultaneously enforcing ethical limits to its reach? The volume explores how fictional texts, whether on the page or on screen, negotiate the legal dilemmas posed by the increasing infiltration of technology into modern life. |
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