Legal problems abound in the information society. Electronic commerce, copyright, privacy, illegal and harmful content, taxes, wiretapping governments face an enormous challenge to meet the advent of the Internet and ICT with a flexible, up-to-date, and adequate legal framework. Yet one aspect makes this challenge even more daunting: internationalization. Law is still to a great extent based on nation states, but the information society is above all a borderless and global society. Territoriality and national sovereignty clash with the need for a global approach to address ICT-law issues. Should states leave everything to the global market, or should they intervene to protect vital national interests? If they create regulations, should these reflect the rules of the physical world? How can one enforce national rules in a world where acts take place somewhere in Cyberspace? This text presents the positions on these issues of the governments of the Netherlands, Germany, France, the UK, and the US, as well as of international organisations. How do they think about co-regulation, law enforcement, harmonization, international co-operation, and alternative dispute resolution? How do they deal with applicable law and online contracts, privacy, international liability of Internet providers, and electronic signatures? What are the implications of the European Electronic Commerce Directive and the draft Crime in Cyberspace convention? Any legal framework that is to fit the global information society must take into account internationalization. This volume shows to what extent governments are meeting this challenge.

In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated. The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters' privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data. Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.

Our society has a technology problem. Many want to disconnect from screens but can't help themselves. These days we spend more time online than ever. Some turn to self-help-measures to limit their usage, yet repeatedly fail, while parents feel particularly powerless to help their children. Unwired: Gaining Control over Addictive Technologies shows us a way out. Rather than blaming users, the book shatters the illusion that we autonomously choose how to spend our time online. It shifts the moral responsibility and accountability for solutions to corporations. Drawing lessons from the tobacco and food industries, the book demonstrates why government regulation is necessary to curb technology addiction. It describes a grassroots movement already in action across courts and legislative halls. Groundbreaking and urgent, Unwired provides a blueprint to develop this movement for change, to one that will allow us to finally gain control.

Islamic State's Online Activity and Responses provides a unique examination of Islamic State's online activity at the peak of its "golden age" between 2014 and 2017 and evaluates some of the principal responses to this phenomenon. Featuring contributions from experts across a range of disciplines, the volume examines a variety of aspects of IS's online activity, including their strategic objectives, the content and nature of their magazines and videos, and their online targeting of females and depiction of children. It also details and analyses responses to IS's online activity - from content moderation and account suspensions to informal counter-messaging and disrupting terrorist financing - and explores the possible impact of technological developments, such as decentralised and peer-to-peer networks, going forward. Platforms discussed include dedicated jihadi forums, major social media sites such as Facebook, Twitter, and YouTube, and newer services, including Twister. Islamic State's Online Activity and Responses is essential reading for researchers, students, policymakers, and all those interested in the contemporary challenges posed by online terrorist propaganda and radicalisation. The chapters were originally published as a special issue of Studies in Conflict & Terrorism.

In this new textbook, social media professor Jeremy Lipschultz introduces students to the study of social media law and ethics, integrating legal concepts and ethical theories. The book explores free expression, as it applies to students, media industry professionals, content creators and audience members. Key issues and practices covered include copyright law, data privacy, revenge porn, defamation, government censorship, social media platform rules, and employer policies. Research techniques are also used to suggest future trends in social media law and ethics. Touching on themes and topics of significant contemporary relevance, this accessible textbook can be used in standalone law and ethics courses, as well as emerging social media courses that are disrupting traditional public relations, advertising and journalism curricula. Case studies, discussion questions, and online resources help students engage with the complexities and ambiguities of this future-oriented area of media law, making it an ideal textbook for students of media law, policy and ethics, mass media, and communication studies.

Offers the most accessible overview of the topic currently available. Suitable for students coming to the topic without a law background. The authors have diverse backgrounds in academia, journalism and practice, and present the subject clearly and dynamically.

This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.

There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal. This book re-evaluates competing arguments between national security and personal privacy. The increased assimilation between the investigatory powers of the intelligence services and the police and revelations of unauthorised surveillance have resulted in increased demands for transparency in information gathering and for greater control of personal data. Recent legal reforms have attempted to limit the risks to freedom of association and expression associated with electronic surveillance. This book looks at the background to recent reforms and explains how courts and the legislature are attempting to effect a balance between security and personal liberty within a social contract. It asks what drives public concern when other aspects seem to be less contentious. In view of our apparent willingness to post on social media and engage in online commerce, it considers if we are truly consenting to a loss of privacy and how this reconciles with concerns about state surveillance.

Contributing to a rethink of Public Service Media, this book combines theoretical insights and legal frameworks with practice, examining theory and policy development in a bottom-up manner. It explores the practices of Public Service Media across Europe, assessing the rules that govern Public Service Media at both the EU and the National Member State level, identifying common trends, initiated by both the European Commission and individual countries, illustrating the context-dependent development of Public Service Media and challenging the theories of Public Service Broadcasting which have developed an ideal-type public broadcaster based on the well-funded BBC in an atypical media market. Seeking to further explore the actual practices of Public Service Media and make recommendations for the development of more sustainable policies, this book offers case studies of rules and practices from across a variety of EU Member States to consider the extent to which public broadcasters are making the transition to public media organisations, and how public broadcasters and governments are shaping Public Service Media together. This book is a must-read for all scholars who take an interest in Public Service Media, media policy and media systems literature at large. It will also be of interest to practitioners working in government, Public Service Media and commercial media.

This book explores the phenomenon of data - big and small - in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the 'personal' in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book's concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.

The Data Protection Toolkit, 2nd edition offers updated advice on how to keep your practice compliant with the EU General Data Protection Regulation (GDPR) and the Data Protection Act (DPA), which came into force in May 2018. This essential toolkit features a range of forms, precedents and templates to support all data protection compliance measures within a legal practice. In addition to this, the toolkit offers practical guidance on: * setting up systems, * managing risk, * client inception, * ongoing monitoring, * data security, * data sharing, * subject access requests, * complaints handling, * data retention and destruction, * training and monitoring compliance.

Internet Governance: Origins, Current Issues, and Future Possibilities deals with Internet governance and includes computer history, Internet beginnings, institutions and stakeholders, proposed models of governance, and human rights. The concept of Internet governance covers an exceptionally complex and rapidly changing field of norms and rules. Its origins and conflicts engage many disciplines and give rise to technical standards with contributions from a wide range of stakeholders. At the same time, the Internet has increasingly become the dominant reality for all the information processing industries. The ultimate goal of the book is to establish a foundation for identifying a new model of governance for the Internet. In doing so, the book honors the efforts of previous scholars who have considered and proposed other models for the governance of the Internet. Among its aims, the book is intended as an introduction for the novice to the subject of internet governance. The first two chapters offer a historical foundation of the institutions and the debate. The next two chapters discuss the evolution of that debate over the last twenty years. The final two discuss the present and future ramifications of the debate and include the author's attempts to sketch a practical plan for a new concept of Internet governance. This book provides an introductory, multidisciplinary account of the forces at work in the evolving concept of internet governance for scholars in the information studies fields, including computer, information and library science. It should also be useful for scholars in the fields of international law, international relations, diplomacy studies and political science.

This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.

The Internet has created a formidable challenge for human rights law and practice worldwide. International scholarly and policy-oriented communities have so far established a consensus regarding only one main aspect - human rights in the internet are the same as offline. There are emerging and ongoing debates regarding not only the standards and methods to be used for achieving the "sameness" of rights online, but also whether "classical" human rights as we know them are contested by the online environment. The internet itself, in view of its cross-border nature and its ability to affect various areas of law, requires adopting an internationally oriented approach and a perspective strongly focused on social sciences. In particular, the rise of the internet, enhanced also by the influence of new technologies such as algorithms and intelligent artificial systems, has influenced individuals' civil, political and social rights not only in the digital world, but also in the atomic realm. As the coming of the internet calls into question well-established legal categories, a broader perspective than the domestic one is necessary to investigate this phenomenon. This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the internet, which are at the focus of current academic debates. It provides a comprehensive analysis with a forward-looking perspective of bringing order into the somewhat chaotic online dimension of human rights. It addresses the matter of private digital censorship, the apparent inefficiency of existing judicial systems to react to human rights violations online, the uncertainty of liability for online human rights violations, whether the concern with personal data protection overshadows multiple other human rights issues online and will be of value to those interested in human rights law and legal regulation of the internet.

Exploring potential scenarios of artificial intelligence regulation which prevent automated reality harming individual human rights or social values, this book reviews current debates surrounding AI regulation in the context of the emerging risks and accountabilities. Considering varying regulatory methodologies, it focuses mostly on EU's regulation in light of the comprehensive policy making process taking place at the supranational level. Taking an ethics and humancentric approach towards artificial intelligence as the bedrock of future laws in this field, it analyses the relations between fundamental rights impacted by the development of artificial intelligence and ethical standards governing it. It contains a detailed and critical analysis of the EU's Ethic Guidelines for Trustworthy AI, pointing at its practical applicability by the interested parties. Attempting to identify the most transparent and efficient regulatory tools that can assure social trust towards AI technologies, the book provides an overview of horizontal and sectoral regulatory approaches, as well as legally binding measures stemming from industries' self-regulations and internal policies.

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

What is the appropriate balance between privacy, security, and accountability? What do we owe each other in terms of information sharing and access? Why is privacy valuable and is it more or less important than other values like security or free speech? Is Edward Snowden a hero or villain? Within democratic societies, privacy, security, and accountability are seen as important values that must be balanced appropriately. If there is too much privacy, then there may be too little accountability - and more alarmingly, too little security. On the other hand, where there is too little privacy, individuals may not have the space to grow, experiment, and engage in practices not generally accepted by the majority. Moreover, allowing overly limited control over access to and uses of private places and information may itself be a threat to security. By clarifying the moral, legal, and social foundations of privacy, security, and accountability, this book helps determine the appropriate balance between these contested values. Twelve specially commissioned essays provide the ideal resource for students and academics in information and applied ethics.

What is the appropriate balance between privacy, security, and accountability? What do we owe each other in terms of information sharing and access? Why is privacy valuable and is it more or less important than other values like security or free speech? Is Edward Snowden a hero or villain? Within democratic societies, privacy, security, and accountability are seen as important values that must be balanced appropriately. If there is too much privacy, then there may be too little accountability - and more alarmingly, too little security. On the other hand, where there is too little privacy, individuals may not have the space to grow, experiment, and engage in practices not generally accepted by the majority. Moreover, allowing overly limited control over access to and uses of private places and information may itself be a threat to security. By clarifying the moral, legal, and social foundations of privacy, security, and accountability, this book helps determine the appropriate balance between these contested values. Twelve specially commissioned essays provide the ideal resource for students and academics in information and applied ethics.

This book offers an analysis of privacy impacts resulting from and reinforced by technology and discusses fundamental risks and challenges of protecting privacy in the digital age. Privacy is among the most endangered "species" in our networked society: personal information is processed for various purposes beyond our control. Ultimately, this affects the natural interplay between privacy, personal identity and identification. This book investigates that interplay from a systemic, socio-technical perspective by combining research from the social and computer sciences. It sheds light on the basic functions of privacy, their relation to identity, and how they alter with digital identification practices. The analysis reveals a general privacy control dilemma of (digital) identification shaped by several interrelated socio-political, economic and technical factors. Uncontrolled increases in the identification modalities inherent to digital technology reinforce this dilemma and benefit surveillance practices, thereby complicating the detection of privacy risks and the creation of appropriate safeguards. Easing this problem requires a novel approach to privacy impact assessment (PIA), and this book proposes an alternative PIA framework which, at its core, comprises a basic typology of (personally and technically) identifiable information. This approach contributes to the theoretical and practical understanding of privacy impacts and thus, to the development of more effective protection standards. This book will be of much interest to students and scholars of critical security studies, surveillance studies, computer and information science, science and technology studies, and politics.

The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity. This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children's health and academic research? By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.

Justice apps - mobile and web-based programmes that can assist individuals with legal tasks - are being produced, improved, and accessed at an unprecedented rate. These technologies have the potential to reshape the justice system, improve access to justice, and demystify legal institutions. Using artificial intelligence techniques, apps can even facilitate the resolution of common legal disputes. However, these opportunities must be assessed in light of the many challenges associated with app use in the justice sector. These include the digital divide and other accessibility issues; the ethical challenges raised by the dehumanisation of legal processes; and various privacy, security, and confidentiality risks. Surveying the landscape of this emergent industry, this book explores the objectives, opportunities, and challenges presented by apps across all areas of the justice sector. Detailed consideration is also given to the use of justice apps in specific legal contexts, including the family law and criminal law sectors. The first book to engage with justice apps, this book will appeal to a wide range of legal scholars, students, practitioners, and policy-makers.

New Media, Old Regimes: Case Studies in Comparative Communication Law and Policy, by Lyombe S. Eko, is a collection of novel theoretical perspectives and case studies which illustrate how different communication law regimes conceptualize and apply universal ideals of human rights and freedom of expression to media controversies in real space and cyberspace. Eko's investigation includes such controversial communication policy topics as North African regimes' failed use of telecommunications to suppress the social change of the Arab Spring, the Mohammad cartoon controversy in Denmark and France, French and American policy of development and diffusion of the Minitel and the Internet, American and Russian regulation of internet surveillance, the problem of managing pedopornography in cyberspace and real space, and other current communication policy cases. This study will aid readers not only to understand different national and cultural perspectives of thorny communication issues, but also show that though freedom of expression is a pluralistic concept, the actions of all political regimes at the national, transnational, and international levels must be held up to the universal standards of freedom of expression set forth in the Universal Declaration of Human Rights. New Media, Old Regimes provides essential scholarship on comparative communication law and policy in a world of new media.

Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people's personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.