An exploration of EU policy towards copyright enforcement on the Internet, examining the EU Telecoms Package from 2007-9. This book explains the puzzling case of copyright in telecoms law, and includes discussion of 3-strikes (graduated response), ISP liability and the French Hadopi law.

Control of access to content has become a vital aspect of many business models for modern broadcasting and on-line services. Using the example of digital broadcasting, the author reveals the resulting challenges for competition, broadcasting, and telecommunications. "Controlling Access to Content" explores the relationship between electronic access control, freedom of expression and functioning competition. It scrutinizes the interplay between law and technique, and the ways in which broadcasting, telecommunications, and general competition law are inevitably interconnected. European law has widely harmonised the way conditional access is regulated in the Member States of the European Union. The author comments in detail on the relevant rules in European Court of Justice and the European Commission in its function as watchdog of European competition law. The relevant provisions in European broadcasting law, such as the right to short reporting and the so-called list of important events, are discussed extensively, as are the conditions that overrule the free-TV culture that was the essence of traditional broadcasting law. The broad and systematic screening of the existing regulatory framework makes this book an essential resource for all those who are concerned with the electronic control of access to content. With its in-depth analysis and explicit conclusions, "Controlling Access to Content" amply supplies the crucial understanding of this complex field that policy makers, regulators, and academics require. It investigates the implications of electronic access control, digitalization, and convergence for broadcasting, as well as the effects of the regulatory framework on innovation, competition, and consumer access to content. It demonstrates clearly at which points the chosen approach could backfire and generate undesirable side effects, and what lessons can be learned from the pay-TV case for other digital service sectors. Using many examples, the author explains for lawyers, consumer and industry representatives the main lines of the regulatory framework that apply to access-controlled broadcasting, how their interests are affected, and what changes the future might bring.

This volume is a presentation of all methods of legal knowledge representation from the point of view of jurisprudence as well as computer science. A new method of automatic analysis of legal texts is presented in four case studies. Law is seen as an information system with legally formalized information processes. The achieved coverage of legal knowledge in information retrieval systems has to be followed by the next step, conceptual indexing and automatic analysis of texts. Existing approaches of automatic knowledge representations do not have a proper link to the legal language in information systems. The concept-based model for semi-automatic analysis of legal texts provides this necessary connection. The knowledge base of descriptors, context-sensitive rules and meta-rules formalises properly all important passages in the text corpora for automatic analysis. Statistics and self-organizing maps give assistance in knowledge acquisition. The result of the analysis is organized with automatically generated hypertext links. Four case studies show the huge potential but also some drawbacks of this approach.

For companies in and around the telecommunications field, the past few years have been a time of extraordinary change-technologically and legally. The enacting of the Telecommunications Act of 1996 and the development of international trade agreements have fundamentally changed the environment in which your business operates, creating risks, responsibilities, and opportunities that were not there before.

Until now, you'd have had a hard time finding a serious business book that offered any more than a cursory glance at this transformed world. But at last there's a resource you can depend on for in-depth analysis and sound advice. Written in easy-to-understand language, "Telecommunications Law in the Internet Age" systematically examines the complex interrelationships of new laws, new technologies, and new business practices, and equips you with the practical understanding you need to run your enterprise optimally within today's legal boundaries.
* Offers authoritative coverage from a lawyer and telecommunications authority who has been working in the field for over three decades.
* Examines telecommunications law in the U.S., at both the federal and state level.
* Presents an unparalleled source of information on international trade regulations and their effects on the industry.
* Covers the modern telecommunications issues with which most companies are grappling: wireless communication, e-commerce, satellite systems, privacy and encryption, Internet taxation, export controls, intellectual property, spamming, pornography, Internet telephony, extranets, and more.
* Provides guidelines for preventing inadvertent violations of telecommunications law.
* Offers guidance on fending off legal and illegal attacks by hackers, competitors, and foreign governments.
* Helps you do more than understand and obey the law: helps you thrive within it.

Increasingly digital technologies are used in healthcare. This book explores eight digital health technologies, situated the context of a life span, from high-throughput genomic sequencing technologies and do-it-yourself (DIY) insulin delivery for diabetes management in paediatrics, to the use of robotic care assistants for older adults and digital advance care decisions. A scene-setting case scenario at the start of each chapter describes the digital technology and identifies the sometimes competing interests of the key stakeholders. Broad themes of resource allocation, access to technologies, informed consent, privacy of health data and ethical concerns are considered in context, alongside analysis of legal duties owed by healthcare professionals to act in their patients' best interests. This book addresses legal and ethical issues arising from the use of emerging digital health technologies and is of interest to academics, clinicians and regulators and anyone interested in the development of health technologies and the challenges they may present. It focusses on the Australian legal framework, with some comparison to other jurisdictions.

'Is private regulation of the Internet over? Have states taken over?' This book examines the function of self-regulation in cyberspace. It argues that contrary to what is often supposed in the literature, self-regulation is still an indispensable part of regulation of the Internet and will arguably remain so. It is intricately woven into the mesh of rules that governs the Internet today. Private regulation fills substantive or procedural gaps where no state regulation exists or where it is incomplete or ineffective, thus complementing the reach of state regulation. Simultaneously, states supply legal (and financial) frameworks that enable or complement self-regulation. In practice, often unknown to users, their behaviour is regulated by intertwined rules coming from both states and private groups. While each source of rules retains its identity and regulatory strengths, it is dependent on and complementary to the rules and processes of the other to effectively regulate Internet activities. Dr. Jeanne P. Mifsud Bonnici is a Senior Lecturer at the Centre for Law, Information and Converging Technologies, University of Central Lancashire, Preston, UK. This is Volume 16 in the Information Technology and Law (IT&Law) Series

This book examines the fundamental question of how legislators and other rule-makers should handle remembering and forgetting information (especially personally identifiable information) in the digital age. It encompasses such topics as privacy, data protection, individual and collective memory, and the right to be forgotten when considering data storage, processing and deletion. The authors argue in support of maintaining the new digital default, that (personally identifiable) information should be remembered rather than forgotten. The book offers guidelines for legislators as well as private and public organizations on how to make decisions on remembering and forgetting personally identifiable information in the digital age. It draws on three main perspectives: law, based on a comprehensive analysis of Swiss law that serves as an example; technology, specifically search engines, internet archives, social media and the mobile internet; and an interdisciplinary perspective with contributions from various disciplines such as philosophy, anthropology, sociology, psychology, and economics, amongst others.. Thanks to this multifaceted approach, readers will benefit from a holistic view of the informational phenomenon of "remembering and forgetting". This book will appeal to lawyers, philosophers, sociologists, historians, economists, anthropologists, and psychologists among many others. Such wide appeal is due to its rich and interdisciplinary approach to the challenges for individuals and society at large with regard to remembering and forgetting in the digital age.

This thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of technology, including artificial intelligence and distributed ledger technology, on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation. Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole. Chapters investigate corporate form, governance democratisation resulting from the more prevalent use of technology, the introduction of new classes of stakeholders and novel fund-raising activities and the impact of technology on corporate governance and regulatory supervision. Offering theoretical, practical and policy perspectives on the integration of technology with corporate governance and regulation, it provides a key contribution to the broader debate concerning the impact of technology on modern life. This insightful book should stimulate incisive academic discourse and will be of value to students and scholars of corporate, business and technology law. It will also be of benefit to legal practitioners, regulators and policy-makers interested in technological innovation.

The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

Cryptography is essential for information security and electronic commerce, yet it can also be abused by criminals to thwart police wiretaps and computer searches. How should governments address this conflict of interests? Will they require people to deposit crypto keys with a `trusted' agent? Will governments outlaw cryptography that does not provide for law-enforcement access? Can the police require suspects to hand over keys, thus infringing the privilege against self-incrimination? Or should law enforcement forget about wiretapping and computer searches altogether? This is not yet another study of the crypto controversy to conclude that this or that interest is paramount. This is not a study commissioned by a government, nor is it a report that campaigns on the electronic frontier. "The Crypto Controversy" is neither a cryptography handbook nor a book drenched in legal jargon. "The Crypto Controversy" pays attention to the reasoning of both privacy activists and law-enforcement agencies, to the particulars of technology as well as of law, to "solutions" offered both by cryptographers and by governments. The author proposes a method to balance the conflicting interests and applies this to the Dutch situation, explaining both technical and legal issues for those interested in the subject.

This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights. The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance. This innovative, thought-provoking book will greatly assist legal practitioners, policymakers and government advisers within the fields of international law and privacy. Students and academics will also be provided with a focussed account and in-depth analysis of recent developments in the law around cyber.

This book offers guidance for US-based IT businesses on both sides of the Atlantic when dealing with big data and government data, since transatlantic data flows are key to the success of these enterprises. It offers practical insights into many of the data-protection challenges US companies in various industries face when seeking to comply with US and EU data-protection laws, and analyses the potential conflicts in the light of their risks and the way in which US-based cloud providers react to the uncertainties of the applicable data-protection rules. The book particularly focuses on the insights derived from a qualitative study conducted in 2016 with various cloud-based IT businesses in the Silicon Valley area, which shows the diversity of views on data protection and the many approaches companies take to this topic. Further, it discusses key data-protection issues in the field of big data and government data.

This book discusses the implementation of privacy by design in Europe, a principle that has been codified within the European Data Protection Regulation (GDPR). While privacy by design inspires hope for future privacy-sensitive designs, it also introduces the need for a common understanding of the legal and technical concepts of privacy and data protection. By pursuing an interdisciplinary approach and comparing the problem definitions and objectives of both disciplines, this book bridges the gap between the legal and technical fields in order to enhance the regulatory and academic discourse. The research presented reveals the scope of legal principles and technical tools for privacy protection, and shows that the concept of privacy by design goes beyond the principle of the GDPR. The book presents an analysis of how current regulations delegate the implementation of technical privacy and data protection measures to developers and describes how policy design must evolve in order to implement privacy by design and default principles.

Managing scarcity to serve the public interest is a classic government task. An important way to execute this task is by allocating individual rights that are only available in limited quantities, such as CO2 emission allowances, gambling licences, subsidies, radio frequencies, public contracts and parking permits. Whereas economic and political theory has paid much attention to the allocation of scarce goods and rights, until now a consistent and general legal theory of 'the allocating government' has been missing. This is striking given the fact that limited rights have to be allocated within many sectors and are often of great social significance and financial importance. Decisions on allocation often lead to disputes. This book provides a unique exploration of building blocks for a consistent and general legal theory on the allocation of limited rights by administrative authorities. This book is useful to legislators, administrative authorities, applicants, interested third parties and the courts. The EU-law perspective is an important element in this book, but comparative law and doctrinal approaches are also taken into account. The contributions in this book have been enriched by information from national reports on the allocation of gambling licences, radio frequencies and CO2 emission permits in seven EU Member States: France, Germany, Greece, Italy, the Netherlands, Romania and Spain. (See P. Adriaanse, F. van Ommeren, W. den Ouden and J. Wolswinkel (eds.), Scarcity and the State II. Member State Reports on Gambling Licences, Radio Frequencies and CO2 Emission Permits, Intersentia, Antwerp 2016).

This book crosses the conventional border between the analysis of on-screen and off-screen intersections of law and cinema. It not only addresses the representation of law on screen (for example, through discussions of how lawyers, police, and prisons are depicted, or how courtroom sequences function as narratives), but also focuses on how the state shapes and regulates cinema. The volume addresses the distinct contexts of China, India, Japan, Korea, the Philippines, and Vietnam, along with an integrative introduction that puts the essays and themes into context for scholars and students alike.

Cyberspace, the electronic super-highway or the Internet, as it is most commonly known, is a globally-networked, computer-sustained, computer-accessed and computer-generated multidimensional virtual reality, the use of which is increasing at a tremendous rate. Although much has been written on the legal issues relating to this virtual reality, this book provides coverage of the private international aspects. The work aims to address two basic questions, namely, which court has jurisdiction and which law is to be applied when litigation arises from activity on the Internet? The book comprises seven key papers, presented at an international symposium organised by Utrecht University's Molengraaff Institute of Private Law and the Hague Conference on Private International Law, which was held in Utrecht in June 1997. The main topics covered include: the role of law in cyberspace; experiences in the field of intellectual property; can private international law provide order to the chaos?; problems concerning jurisdiction and applicable law; and conclusions and recommendations.

For the first time in history, everyone - Third World freedom fighters to urban drug dealers - can communicate in secrecy via unbreakable codes made available by advances in cryptography and computer technology. As the welcome and unwelcome consequences of this new technology begin to dawn on governments worldwide, responses have varied from stringent regulation to laissez faire liberalism. Written by a former General Counsel of the National Security Agency and an expert in cryptography law, this text explores the policy and legal issues raised by the democratization of cryptography and offers a guide to the ways in which the law of cryptography translates issues of trust into standards for lawful conduct. The book addresses the international regulation of cryptography and digital signatures both in terms of confidentiality (cryptography used to keep secrets) and authentication (cryptography used to verify information). Coverage includes: a description of over 45 countries' policies and laws on cryptography import, export, and domestic controls and digital signature initiatives worldwide; a concise history of the cryptography debate in the United States from its beginnings after World War II to the recent debates over the Clipper Chip and key recovery encryption; and a presentation of the efforts of the United States government (and others) to build a new national consensus on regulation of encryption.

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 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 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.

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 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.