The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories - child pornography, extreme pornography, and adult pornography - the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.

"The data economy" is a term used by many, but properly understood by few. Even more so the concept of "big data". Both terms embody the notion of a digital world in which many transactions and data flows animate a virtual space. This is the unseen world in which technology has become the master, with the hand of the human less visible. In fact, however, it is human interaction in and around technology that makes data so pervasive and important - the ability of the human mind to extract, manipulate and shape data that gives meaning to it. This book outlines the findings and conclusions of a multidisciplinary team of data scientists, lawyers, and economists tasked with studying both the possibilities of exploiting the rich data sets made available from many human-technology interactions and the practical and legal limitations of trying to do so. It revolves around a core case study of Singapore's public transport system, using data from both the private company operating the contactless payment system (EZ-Link) and the government agency responsible for public transport infrastructure (Land Transport Authority). In analysing both the possibilities and the limitations of these data sets, the authors propose policy recommendations in terms of both the uses of large data sets and the legislation necessary to enable these uses while protecting the privacy of users.

This clearly written and well-focused volume combines concise decisions of the primary areas of communication law with the foundational case decisions in those domains. Thus, in one volume, students of communication law, constitutional law, political science, and related fields find both the key rulings that define each area of law and a detailed summary of the legal concepts, doctrines, and policies so vital to understanding the rulings within their legal context. The text forgoes the tendency to provide encyclopedic treatment of all the relevant cases and focuses instead on the two or three cases most vital to an accurate and informed understanding of the current state of each field of communication law. The chapters provide readers with the most salient concepts and the necessary depth to understand the law while permitting most reading time to be directed to the law itself. Full-text rulings allow readers to immerse themselves in the law itself--to develop a feel for its complexity, its flexibility, and its language. Useful as a quick reference to the landmark rulings and the jurisprudence of communication law, this book also serves well as the primary text in related undergraduate courses or as a supplemental text in graduate classes in the field.

The information society is a key issue in everyday life and a phenomenon enc- passing social, cultural, economic, and legal facettes. Currently, an information society's legal framework is gradually crystallizing under the newly introduced term of "Internet governance." During the last few years, intensive discussions about the contents of Internet governance have addressed manifold aspects of a possible regulatory regime. In light of the general comprehension that an international treaty structure is mi- ing and that self-regulation as a normative model does not sufce in all respects, new architectural and constitutional theories have been developed; furthermore, the international body of the Internet Governance Forum (IGF) came to life. N- withstanding the available literature on IGF, however, a thorough and systematic study sheding light on the main topics of Internet governance (such as legitimacy, transparency, accountability, and participation) and on the key regulatory issues (for example critical Internet resources, access, protection of civil liberties/- man rights, realization of security, safety and privacy standards, as well as the overcoming of the digital divide) from a legal perspective is not yet at hand. The present publication aims at discussing these legal challenges. This book has benefted from many inputs and encouragements from colleagues that I am deeply grateful for. In particular, I am indebted to the very meaningful discussions and valuable support in the preparation of the publication by my - search assistants lic. iur Mirin . a Grosz and lic. iurR . omana Weber, to lic. iur.

This book provides a clear and thorough account of the process leading up to the revision of the International Telecommunication Regulations (ITRs) one of the four treaties administered by the ITU. The author's inside view of the events and his legal analysis of the new ITRs, are different from that what has been aired in most other accounts to date. His systematic approach shows how much of the criticism of the WCIT-12 process and of the ITRs themselves, is unjustified. This book provides the most accurate view to date of what theITRs really mean and of what really happened at WCIT-12, which was undoubtedly a key event in the history of telecommunication policy and which is likely to have significant long-term effects.

The book covers in some detail the events leading to the non-signature of the treaty by a significant number of states, outlines possible consequences of that split between states, and offers possible ways forward. The book includes a detailed article-by-article analysis of the new ITRs, explaining their implications and concludes with recommendations for national authorities. It concludes with an analysis of events from the point of view of dispute resolution theory, offering suggestions for how to avoid divisive outcomes in the future.

"This is an excellent book, and quite rich and comprehensive. The topic is important and the book will surely be of interest to regulators, diplomats, policy experts, and all those who participated in WCIT. The author is uniquely qualified to write an analysis of the new ITRs and an account of the Conference. This book will be a good reference for the next Plenipotentiary Conference to be held in 2014 which is going to discuss follow-up to WCIT-12." Naser al-Rashedi, United Arab Emirates.

"This is an authoritative expert account of a moment of high significance for vital issues with respect to international networks." Professor Dan Schiller, University of Illinois.

"This is an excellent and timely work." Professor Ian Walden, Queen Mary, University of London.

"Interested persons, businesses and governments can draw their policies from the assessments of a telecommunications insider as presented in this book.

The manifold arguments enlightening the interpretation of the provisions of the ITRs might become an invaluable guidance for those who apply the ITRs in the future."

Professor Dr. Rolf H. Weber, University of Zurich."

While the digital revolution has touched every aspect of law librarianship, perhaps nowhere has the effect been more profound than in the area of collection development. Many of the materials law libraries traditionally collected in print form are now available in electronic format.
Digital technology has affected the way we select, order, and process legal materials. The World Wide Web has created an explosion of both commercial and private online publishing. The cost of electronic publishing has caused many traditional law book publishers to sell their companies rather than invest in the needed technologies to compete in the 21st century. Small publishers and book jobbers have been forced to reinvent themselves. The amount of legal information available and its costs continue to soar. Law Library Collection Development in the Digital Age deals with these and other issues related to law library collection development. Chapters range from the theoretical to the practical.
Inspired by Penny Hazleton's seminal paper ?How Much of Your Print Collection is Really on Lexis or Westlaw?? the editors and chapter authors of Law Library Collection Development in the Digital Age endeavor to expand on professor Hazleton's work, with examinations of: the role of law libraries in strategic planning for distance learning Web mirror sites trust vs. antitrust issues access vs. ownership issues how law libraries deal with electronic court records, dockets, and filings the growth of e-journals as they relate to legal publishing how the Hein Greenslips and Blackwell North America's Bookservice cover legal materials past, present, and future roles of specialized book jobbers and more! Anyoneinterested in law librarianship or the information industry will find this book informative and useful. Make it a part of your professional collection today.

In 1952, legal scholar and historian Frederick S. Siebert published his monumental study of three centuries of press freedom in England, in which he enunciated and supported two propositions that were remarkable for their simplicity. The second of the propositions has become a guiding principle in the study of free expression. This special issue provides a remarkable body of work focusing on this key proposition in the context of one of today's great tragedies--September 11, 2001. It begins with an essay examining cycles of stability/stress and the reactions to those cycles, followed by the application of a concept to courtroom access issues following September 11. The last two articles provide an account of how times of stress--the period following the events of September 11, in particular--inhibit academic freedom and an overview of Siebert's life and work.

Economic regulation in the telecommunications sector can be performed through economy-wide instruments, such as antitrust law and antitrust authorities, or through sector-specific instruments, such as telecommunications regulation and regulatory authorities. Relying on a comparative analysis of five countries, the present book seeks to shed some light on the respective roles of both types of instruments in liberalized telecommunications markets.

Tinker. R.A.V. Ollman. Hustler-Falwell. Reno-ACLU. Nebraska Press Association. These names are synonymous with contemporary First Amendment litigation. To explore these landmark cases more deeply, author Joseph Russomanno interviewed the people at the core of these and other influential First Amendment cases, and he presents their stories here in a personal, in-depth oral history of First Amendment law. Previously unavailable in other literature, these stories go beyond the "what" of the cases and answer the "why" and "how" of ten major cases from the latter part of the 20th century. Through their own words and photographs, plaintiffs, defendants, and their attorneys describe what it was like to be involved in the development of these historic First Amendment cases.
The issues addressed in these landmark cases cover crucial aspects of the First Amendment: freedom of expression, hate speech, libel, privacy, intentional infliction of emotional distress, promises of confidentiality to news sources, free press-fair trial, commercial speech, broadcast and cable television regulation, and new media. These narratives recount the events that initiated the court cases and follow the lead players through the various stages of the U.S. legal system. Excerpts of the court decisions are included at the conclusion of each chapter, and sidebars explain key terms, issues, and names that come up in the process. The cases highlighted here were often difficult and controversial--cases which, on their surface, raise questions about both the participants and their lawyers. A cross burner and a pornographer ask to be protected by the First Amendment; a measure intended to protect children from exposure to lewd content on the Internet is questioned. Through the words of the participants in these cases, the meaning, depth, and reach of the First Amendment becomes clear and demonstrates how the law functions to protect the rights of all individuals.
This unique chronicle will appeal to those studying First Amendment law, including mass communication, law, journalism, and political science scholars, and to lawyers, journalists, and political scientists with an interest in this area. The volume is also intended to serve as a supplemental text in a mass communication law course or as a text in advanced First Amendment theory course and political science courses exploring the law, decisions, and processes of the U. S. Supreme Court.

This book considers a new approach to online copyright infringement. Rather than looking at the subject within a purely technological context, it provides legal analysis from a human perspective. This book highlights that there are three key instances in which the capacity of a human mind intersects with the development of copyright regulation: (1) the development of copyright statutory law; (2) the interpretation of the copyright statutory law the judiciary; and (3) human interaction with new technology. Using a novel framework for constructing digital perspectives, the author, Dr Hayleigh Bosher, analyses the laws relating to online copyright infringement. She provides insights into why the law appears as it does, shedding light on the circumstances of how it came to pass and demonstrates a clear malfunction in the interpretation and application of copyright law to online activities that derives from the disconnect between the technological and the human perspectives. The book proposes putting the human element back into copyright analysis to enable the return of reason where it has been lost, and provide a clearer, more consistent and fair legal regulation of online copyright infringement. Law, Technology and Cognition: The Human Element in Online Copyright Infringement will be of interest to students, academics, researchers, as well as practitioners.

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.

In this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free speech theory that--by their very assumptions and techniques--are a poor "fit" with existing free speech theory and doctrine. In his investigation of diverse critiques of free speech theory and his sophisticated rebuttal, he provides an innovative and important examination of First Amendment theory. In doing so, he establishes a new agenda for First Amendment theory scholarship that incorporates some of the critics' insights without abandoning the best aspects of the free speech tradition.

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Distinctive features in this volume include:
* an overview of the traditional approaches to First Amendment theory,
* an examination of work from key First Amendment scholars and theorists, at both the individual and group level,
* an emphasis on interdisciplinarity ranging from femi- nist and critical legal scholars to economists and literary theorists, and
* a new agenda for First Amendment theory scholar- ship which incorporates critical comment while pre- serving the best aspects of the free speech tradition.

China's emergence as a great power in the twenty-first century is strongly enabled by cyberspace. Leveraged information technology integrates Chinese firms into the global economy, modernizes infrastructure, and increases internet penetration which helps boost export-led growth. China's pursuit of "informatization " reconstructs industrial sectors and solidifies the transformation of the Chinese People's Liberation Army into a formidable regional power. Even as the government censors content online, China has one of the fastest growing internet populations and most of the technology is created and used by civilians. Western political discourse on cybersecurity is dominated by news of Chinese military development of cyberwarfare capabilities and cyber exploitation against foreign governments, corporations, and non-governmental organizations. Western accounts, however, tell only one side of the story. Chinese leaders are also concerned with cyber insecurity, and Chinese authors frequently note that China is also a victim of foreign cyber--attacks--predominantly from the United States. China and Cybersecurity: Political, Economic, and Strategic Dimensions is a comprehensive analysis of China's cyberspace threats and policies. The contributors--Chinese specialists in cyber dynamics, experts on China, and experts on the use of information technology between China and the West--address cyberspace threats and policies, emphasizing the vantage points of China and the U.S. on cyber exploitation and the possibilities for more positive coordination with the West. The volume's multi-disciplinary, cross-cultural approach does not pretend to offer wholesale resolutions. Contributors take different stances on how problems may be analyzed and reduced, and aim to inform the international audience of how China's political, economic, and security systems shape cyber activities. The compilation provides empirical and evaluative depth on the deepening dependence on shared global information infrastructure and the growing willingness to exploit it for political or economic gain.

Using unprecedented access to the key actors inside the UK Office of Telecommunications (OFTEL) and supporting interviews, this book explores how telecommunications regulation works from the inside.

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.

First published in 1997, this volume explores how we live in a society which is developing beyond human experience and comprehension - fast. Advances in technology and medicine are profoundly affecting the manner of human living from the beginning through to the end of life. These advances present exciting and demanding challenges to law-makers, policy-makers and healthcare providers, who make decisions about genetics, human reproduction, competence, medical treatment priorities and dying. They also compel us to pay attention to human rights. This international collection of essays combines the thoughts and ideas of women scholars writing about these complex developments and aims at provoking debate and dissension as well as an opportunity for reflection. The writers explore a range of common themes in different areas and provide a coherent framework for law and policy-making, to serve as a foundation for the challenges ahead.

This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of placing current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."

This book provides an analysis of the legal and policy dimensions of open access to research, education and public sector information with a focus on Nigeria. Kunle shows how open access has evolved across the world and how such initiatives could be implemented in Nigeria and other countries in the developing world. The author argues for a platform where Nigerians are able to freely connect to the 'global library', through the open access dual platforms of self-archiving and open access publishing, thereby providing access to knowledge. The importance of connecting local works to the 'global library' to increase visibility and impact of such works is also underscored. This book furthers our understanding of open educational resources as alternative avenues to accessing education and seeks to foster citizenry participation, good governance, accountability, democratic values and spur creativity and innovation through open governance and access to public sector information. Providing a framework for open access in developing countries, Open Access to Knowledge in Nigeria is an important read for scholars interested in knowledge production in Africa, development of the knowledge economy and the open access and Access to Knowledge movements.

This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.

Cybersecurity, data privacy law, and the related legal implications overlap into a relevant and developing area in the legal field. However, many legal practitioners lack the foundational understanding of computer processes which are fundamental for applying existing and developing legal structures to the issue of cybersecurity and data privacy. At the same time, those who work and research in cybersecurity are often unprepared and unaware of the nuances of legal application. This book translates the fundamental building blocks of data privacy and (cyber)security law into basic knowledge that is equally accessible and educational for those working and researching in either field, those who are involved with businesses and organizations, and the general public.

This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.

Exploring Communication Law, Second Edition, provides an overview of the law as it pertains to print, broadcast, and online journalism, as well as non-journalistic forms of expression. It begins by introducing students to the First Amendment in a general sense, then explores how the principles of free speech are applied in various circumstances, such as political speech, sexual expression, and K-12 and college campuses. The text also explains the fundamentals of media law in areas such as defamation, privacy, the media and the courts, confidentiality and privilege, access to information, broadcasting, and cyberspace.

This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

This book presents a collection of high-quality research works and professional perspectives arising from the call for papers of the Privacy Symposium 2022; an international conference aimed towards the promotion of international dialogue, cooperation and knowledge sharing on data protection regulations, compliance and emerging technologies. Gathering legal and technology expertise, this publication provides cutting-edge perspectives on the convergence of international data protection regulations, as well as data protection compliance of emerging technologies, such as: Artificial Intelligence, e-health, blockchain, edge computing, Internet of things, V2X and Smart Grids. It includes selected papers from the Privacy Symposium conference 2022 (PSC 2022) call for papers, encompassing relevant topics, including: international law and comparative law in data protection cross-border data transfers emerging technologies and data protection compliance data protection by design technologic solutions for data protection compliance data protection good practices across industries and verticals cybersecurity and data protection assessment and certification of data protection compliance, and data subject rights implementation This publication includes papers authored by academics and professionals involved on various areas of data protection, technical, legal and compliance services. Chapter 10 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com

Publishing Law is an authoritative and engaging guide to a wide range of legal issues affecting publishing today. Hugh Jones and Christopher Benson present readers with clear and accessible guidance to the complex legal areas specific to the ever evolving world of contemporary publishing, including copyright, moral rights, contracts and licensing, privacy, confidentiality, defamation, infringement and trademarks, with analysis of legal issues relating to sales, advertising, marketing, distribution and competition. This new fifth edition presents updated coverage of the key principles of copyright , as well as new copyright exceptions, licensing and open access. There is also further in-depth coverage of the legal issues around the sale of digital content. Key features of the fifth edition include: updated coverage of EU and UK copyright, including a new chapter on copyright exceptions following the significant changes in the 2014 Regulations Comprehensive coverage of publishing contracts with authors, as well as with other providers, including translators, contributors and contracts for subsidiary rights up to date coverage of the Defamation Act 2013, and other changes to EU and UK legislation exploration of the legal issues relating to digital publishing, including eBook and other electronic agreements, data protection and online issues in relation to privacy, and copyright infringement a range of summary checklists on key issues, ranging from copyright ownership to promotion and data protection useful appendices offering an A to Z glossary of legal terms and lists of useful address and further reading.