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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
This exceptional new text offers an up-to-date and integrated
approach to communication law. Written by two practicing attorneys
with extensive experience teaching the communication law course,
Law for Advertising, Broadcasting, Journalism, and Public Relations
covers the areas of communication law essential and most relevant
for readers throughout the communication curriculum. Its integrated
approach will serve students and practitioners in advertising and
public relations as well as those in journalism and electronic
media. Providing background to help readers understand legal
concepts, this comprehensive communication law text includes an
introduction to the legal system; covers legal procedures,
structures, and jurisdictions; discusses the First Amendment and
electronic media regulations; and considers issues of access.
Additional material includes: *intellectual property law;
*employment and agency law, with explanations of how these laws
create obligations for mass communication professionals and their
employees; *commercial communication laws; and *special laws and
regulations that impact reporters, public relations practitioners,
and advertisers who deal with stock sales. Special features of this
text include: *Magic Words and Phrases--defining legal terms;
*Cases--illustrating key points in each chapter; *Practice
Notes--highlighting points of particular interest to professional
media practices; *Instructions on finding and briefing cases, with
a sample brief; and *Examples of legal documents and jury
instructions. This text is intended as an introduction to
communication law for students and practitioners in mass
communication, journalism, advertising, broadcasting,
telecommunications, and public relations.
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.
This innovative and original book explores the relationship between
blockchain and antitrust, highlighting the mutual benefits that
stem from cooperation between the two and providing a unique
perspective on how law and technology could cooperate. Delivering a
legal, economic, and technical analysis of antitrust and
blockchain, Thibault Schrepel provides a well-rounded examination
of their mutual flaws and the limitations that occur when they
ignore each other. He explores the anticompetitive practices that
may arise in the field as well as covering enforcement issues
before showcasing the potential of blockchain and antitrust to
complement one another. He offers different ways of creating
effective regulations and enforcement mechanisms for the purpose of
benefiting their common interests. Covering key topics such as
decentralization, blockchain evolution, and the objectives of
competition law, this book will be of particular interest to
academics and students researching at the intersection of law and
technology. It will also be useful for legal practitioners
interested in blockchain, as well as antitrust agencies and
policy-makers.
News headlines about privacy invasions, discrimination, and biases
discovered in the platforms of big technology companies are
commonplace today, and big tech's reluctance to disclose how they
operate counteracts ideals of transparency, openness, and
accountability. This book is for computer science students and
researchers who want to study big tech's corporate surveillance
from an experimental, empirical, or quantitative point of view and
thereby contribute to holding big tech accountable. As a
comprehensive technical resource, it guides readers through the
corporate surveillance landscape and describes in detail how
corporate surveillance works, how it can be studied experimentally,
and what existing studies have found. It provides a thorough
foundation in the necessary research methods and tools, and
introduces the current research landscape along with a wide range
of open issues and challenges. The book also explains how to
consider ethical issues and how to turn research results into
real-world change.
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.
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
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
Selected chapters from this book are published open access and free
to read or download from Oxford Scholarship Online,
https://oxford.universitypressscholarship.com/. Since Digital
Dominance was published in 2018, a global consensus has emerged
that technology platforms should be regulated. Governments from the
United States to Australia have sought to reduce the power of these
platforms and curtail the dominance of a few, yet regulatory
responses remain fragmented, with some focused solely on
competition while others seek to address issues around harm,
privacy, and freedom of expression. Regulating Big Tech condenses
the vibrant tech policy debate into a toolkit for the policy maker,
legal expert, and academic seeking to address one of the key issues
facing democracies today: platform dominance and its impact on
society. Contributors explore elements of the toolkit through
comprehensive coverage of existing and future policy on data,
antitrust, competition, freedom of expression, jurisdiction, fake
news, elections, liability, and accountability, while also
identifying potential policy impacts on global communication, user
rights, public welfare, and economic activity. With original
chapters from leading academics and policy experts, Regulating Big
Tech sets out a policy framework that can address interlocking
challenges of contemporary tech regulation and offer actionable
solutions for our technological future.
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.
Customary Law of the Internet is the first book that deals
comprehensively with the emergence of a new kind of law on the
Internet that could be utilized by governments and private
arbitrators to settle disputes and make better laws. This new kind
of law is what once used to be the only source of legal rights and
obligations: customary law. The author first addresses issues posed
by the emergence of the Internet and analyses relevant
international treaties, in particular the Convention on the Use of
Electronic Communications in International Contracting. He then
comes to the emerging customary norms developed by the Internet
community, the importance of custom from an historical perspective
and the nature of international custom. The concept of Internet
custom is introduced, followed by a detailed methodology for
evidencing customary norms in judicial proceedings. The last part
of the book is devoted to the novel concept of autonomous Internet
law, based on customary norms of the Internet community, arbitral
and judicial awards, general principles of law, conventions, model
laws, commonly used contract terms and technical standards. Several
Internet customs are discussed in the area of intellectual
property, electronic contracting, online advertising and
transaction security. This book is addressed both to national and
international governments, judges and arbitrators as well as to
online traders, researchers and the Internet community as a whole.
It is an important tool for academics and practitioners interested
and active in cyberspace regulation and the Information Technology
community. Dr Paul Przemyslaw Polanski (BBus, magister prawa) is
presently a senior researcher at the Department of European Law,
Faculty of Law, University of Warsaw, and Department of Information
Systems, Leon Kozminski Academy of Entrepreneurship and Management
(LKAEM), Warsaw. Previously, he worked as a computer programmer in
the Australian IT industry and as a researcher at the University of
Melbourne and Monash University. He also worked for legal offices
in Poland, specializing in information technology law, contracts,
property and EU law. Currently, he administers the e-learning
platform www.elaw.pl. This is Volume 13 in the Information
Technology and Law (IT&Law) Series
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.
Featuring well-known contributors from a variety of disciplines,
including media, law, political science, and economics, "Media
Diversity and Localism" explores the following topics:
*media ownership and media diversity and localism;
*conceptual and methodological issues in assessing media diversity
and localism;
*minorities, media, and diversity; and
*contextualizing media diversity and localism: audience behavior
and new technologies.
This substantive and timely volume speaks to scholars and
researchers in the areas of media law and policy, political
science, and all others interested in media regulation. It can also
be used in a graduate seminar on media policy topics.
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.
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 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 Law and Economics of Privacy, Personal Data, Artificial
Intelligence, and Incomplete Monitoring presents new findings and
perspectives from leading international scholars on several
emerging areas issues in legal and economic research. The
collection contains new theoretical papers on privacy, the
protection of personal data, the use of regulatory monitoring under
legal standards versus rules, a study of the properties of market
efficiency in securities fraud litigation, as well as an analysis
of non-exclusionary price floors. It also contains an empirical
paper on the relationship between uncertainty of patent approval of
artificial intelligence applications and the Supreme Court's
decision in Alice Corp. v. CLS Bank International. Finally, the
volume features a law-and-economics assessment of the Chinese
financial system within the context of the trade-off between
centralized control and rapid growth. This 30th volume of Research
in Law and Economics showcases the cutting edge theoretical and
empirical findings for researchers and professionals considering
these complex issues intersecting law, technology, and economics.
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