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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
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.
An established authority in the field, this is the core reference
work for practitioners on electronic communications in the European
Union. Giving insight into the regulations, the work provides a
thorough analysis of the competition rules and regulatory framework
applicable to electronic communications networks and services
within the European Union. Electronic communications encompass all
forms of electronic transmission of information, including
telecommunications, broadcasting, and the internet. This second
edition is updated to reflect the new regulatory package which has
made changes to some of the fundamental mechanisms. A brand new
section on data protection also features, giving an authoritative
account of the legislation in the important new area of privacy
protection in electronic networks. Detailed coverage of the recent
case law of the Europan courts is provided including the European
Commission's cases on the coordination mechanism for the relations
between national regulatory authorities. The author team provides a
wealth of expert knowledge on both regulation and general
competition law, combining the first hand experience of Peter
Rodford and rigorous academic analysis from Paul Nihoul. Peter
Rodford is a former Head of the European Commission unit
responsible for regulatory policy in electronic communications and
took part on behalf of the Commission in the recent negotiation
with the European Parliament and Council on the amendments to the
EU regulatory framework.
In 1787, Thomas Jefferson, then the American Minister to France,
had the "complete skeleton, skin & horns" of an American moose
shipped to him in Paris and mounted in the lobby of his residence
as a symbol of the vast possibilities contained in the strange and
largely unexplored New World. Taking a cue from Jefferson's
efforts, David Post, one of the nation's leading Internet scholars,
here presents a pithy, colorful exploration of the still mostly
undiscovered territory of cyberspace--what it is, how it works, and
how it should be governed.
What law should the Internet have, and who should make it? What
are we to do, and how are we to think, about online filesharing and
copyright law, about Internet pornography and free speech, about
controlling spam, and online gambling, and cyberterrorism, and the
use of anonymous remailers, or the practice of telemedicine, or the
online collection and dissemination of personal information? How
can they be controlled? Should they be controlled? And by whom?
Post presents the Jeffersonian ideal--small self-governing units,
loosely linked together as peers in groups of larger and larger
size--as a model for the Internet and for cyberspace community
self-governance. Deftly drawing on Jefferson's writings on the New
World in Notes on the State of Virginia, Post draws out the many
similarities (and differences) between the two terrains, vividly
describing how the Internet actually functions from a
technological, legal, and social perspective as he uniquely applies
Jefferson's views on natural history, law, and governance in the
New World to illuminate the complexities of cyberspace.
In Search of Jefferson's Moose is a lively, accessible, and
remarkably original overview of the Internet and what it holds for
the future.
Explores the full range of issues - moral, ethical, social, legal,
and technological - involved in developing firm controls and best
practices to secure the ever growing information infrastructure
upon which societies and individuals depend.
Information communication technology (ICT) plays a pivotal role in
today s dynamic world. Subsequently, the relationship of law,
ethics, politics and social policy on technology access, use and
advancement is an important factor in the development of new or
existing technologies. Information Communication Technology Law,
Protection and Access Rights: Global Approaches and Issues
identifies key issues in the relationship between ICT and law,
ethics, politics and social policy. This comprehensive reference
addresses relevant issues from the practical, legal, ethical,
political and social policy perspectives, drawing attention to
diverse global approaches to the challenges posed by ICT to access
rights.
This collection of essays critically evaluates the legal framework
necessary for the use of autonomous ships in international waters.
The work is divided into three parts: Part 1 evaluates how far
national shipping regulation, and the public international law
background that lies behind it, may need modification and updating
to accommodate the use of autonomous ships on international
voyages. Part 2 deals with private law and insurance issues such as
collision and pollution liability, salvage, limitation of liability
and allocation of risk between carrier and cargo interests. Part 3
analyses international convention regimes dealing with maritime
safety and other matters, arguing for specific changes in the
existing conventions such as SOLAS and MARPOL, which would provide
the international framework that is necessary for putting
autonomous ships into commercial use. The book also takes the view
that amendment of international conventions is important in the
case of liability issues, arguing that leaving such matters to
national law, particularly issues concerning product liability,
could not only restrict or hinder the availability of liability
insurance but also hamper the development of technology in this
field. Written by internationally-known experts in their respective
areas, the book offers a holistic approach to the debate on
autonomous ships and makes a timely and important contribution to
the literature.
This work analyses the scope of copyright protection for computer
software in the United Kingdom, and examines challenges for the
future. The work presents the case for the adoption and application
of infringement methodology, emanating from the courts in the
United States, resulting in a narrower scope of protection than is
presently argued for by many UK academics, practitioners and judges
alike. The work makes a careful evaluation of the efficacy of the
various prevailing tests for infringement of copyright in software
and their progenies, suggesting an improved formula and advocating
the utility, of limiting doctrines to assist in the determination
of substantial similarity of particular non-literal software
elements, user interfaces and screen display protection. The
monograph also contains a detailed study of reverse engineering,
copyright defences, permitted acts, database protection and the
copyright-contract interface in the context of computer software,
not omitting crucial discussions of the internet, digital
dissemination and the impact of recent treaty, and legislative
initiatives on British copyright law. As such it will be an
important resource for practitioners, lecturers and students alike.
This book focuses on database law (a branch of intellectual
property law) and further explores the legal protection currently
available for data and data-related products in India. It offers a
comparative study of the position of copyright law in protecting
databases in the US and EU, while also presenting responses from
the Indian database industry and its aspirations regarding the role
of copyright law in database protection. India is undoubtedly
leading the way as a knowledge economy. Its strengths are its
information technology capability and its knowledge society, as
well as its booming database industry - aspects that also
necessitate the study of the role of law, as well as the protection
of data and databases, in India. This book examines the growing
importance of copyright law for protecting databases as well as for
ensuring access in information societies. The book concludes with a
discussion of key principles to be kept in mind in the context of
drafting legal regimes for databases in India that will both
benefit the database industry and ensure accessibility.
An exploration of telecommunications law in the USA. It offers a
jargon-free discussion of how electronic media and
telecommunications companies are required to price their services,
interconnect with customers and other service providers, and
respond to competition. This revised edition includes a
comprehensive look at the Telecommunications Act of 1996, its
sweeping reforms, and the short-term increase in TC regulation
complexity resulting from its passage. The volume also covers how
the rapid advance of telecommunications technology has drastically
altered regulations first developed when TC meant fixed networks,
copper wire and mechanical switches.
This book presents groundbreaking discussions on e-residency,
cryptocurrencies, scams, smart contracts, 3D printing, software
agents, digital evidence and e-governance at the intersection of
law, legal policies and modern technologies. The reader benefits
from cutting-edge analyses that offer ideas and solutions to some
of the most pressing issues caused by e-technologies. This
collection is a useful tool for law and IT practitioners and an
inspiring source for interdisciplinary research. Besides serving as
a practical guideline, this book also reflects theoretical
dimensions of future perspectives, as new technologies are not
meant to change common values but to accommodate them.
The transfer of personal data to the UK raises a multitude of data
protection law issues and opens up the view of the key challenges
of global data exchange. The study contains an overall view of the
regulations on third country transfers under the GDPR and the
current state of regulation in the UK. It provides an assessment as
to whether and to what extent the UK provides an adequate level of
protection within the meaning of the GDPR for personal data
transferred from the EU and whether the EU Commission's adequacy
decision under the GDPR is compliant with the CJEU's relevant case
law. The examination of the UK's data protection law as well as the
regulations of the Investigatory Power Act and the extensive onward
transfer practice to the USA form a main focus of the study. The
alternative data transfer mechanisms and bases (Articles 46, 47 and
49 GDPR) are (also) examined with regard to their practicability
for companies. The study also looks at relevant emerging
developments and the wider context of the third country regimes of
the EU's data protection regime.
This is the first book to explore the broad influence of computers
and television on the evolution of the American legal process.
Katsh asserts that the electronic media have had an increasingly
powerful impact on all facets of American law - its methods,
values, and societal role. These changes, he argues, are related
primarily to the appearance of new means of storing, processing and
communicating information. Highly publicized legal cases, such as
those involving libel verdicts, obscenity prosecutions, the First
Amendment and other areas of media law have focused attention on
only one part of the new media's impact on law. Katsh broadens the
debate about the relationship between law and the electronic media,
explaining the critical role of information in many different
aspects of the legal process and arguing that the influence of new
modes of communication can be seen in changes occurring in goals,
doctrines, concepts, and beliefs that underlie our system of law.
In the history of law, fundamental change has occurred very
infrequently. This book looks at law in an evolutionary and
historical light and explains why these new forms of electronic
communications may be the trigger for one of these rare
transformations.
Stefan Larsson's Conceptions in the Code makes a significant
contribution to sociolegal analysis, representing a valuable
contribution to conceptual metaphor theory. By utilising the case
of copyright in a digital context it explains the role that
metaphor plays when the law is dealing with technological change,
displaying both conceptual path-dependence as well as what is
called non-legislative developments in the law. The overall
analysis draws from conceptual studies of "property" in
intellectual property. By using Karl Renner's account of property,
Larsson demonstrates how the property regime of copyright is the
projection of an older regime of control onto a new set of digital
social relations. Further, through an analysis of the concept of
"copy" in copyright as well as the metaphorical battle of defining
the BitTorrent site "The Pirate Bay" in the Swedish court case with
its founders, Larsson shows the historical and embodied dependence
of digital phenomena in law, and thereby how normative aspects of
the source concept also stains the target domain. The book also
draws from empirical studies on file sharing and historical
expressions of the conceptualisation of law, revealing both the
cultural bias of both file sharing and law. Also law is thereby
shown to be largely depending on metaphors and embodiment to be
reified and understood. The contribution is relevant for the
conceptual and regulatory struggles of a multitude of contemporary
socio-digital phenomena in addition to copyright and file sharing,
including big data and the oft-praised "openness" of digital
innovation.
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