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.

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 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.

What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone's lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.

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.

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 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.

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.

All of the short essays in this volume look past the rhetoric of technological determinism and reliance on the natural logic of the market to consider the power of law and policy to steer new media in one direction or another. Many of the essays look backwards through history or outwards across national borders. They all look forward to how today's policies will shape the future of the internet and society. A particular focus of interest for some of the contributors is the revelations that followed Edward Snowden's mass disclosure of classified documents in 2013, which revealed the U.S. National Security Agency's systematic and longstanding program of monitoring global communications. Some chapters consider different countries' varying approaches to regulating the proliferation of online communication, while others assess the current state of digital technology. They all call for policy interventions to solve market failures. This book was originally published as a special issue of Critical Studies in Media Communication.

The book addresses representation of the public interest in Internet standard developing organisations (SDOs). Much of the existing literature on Internet governance focuses on international organisations such as the United Nations (UN), the Internet Governance Forum (IGF) and the Internet Corporation for Assigned Names and Numbers (ICANN). The literature covering standard developing organisations has to date focused on organisational aspects. This book breaks new ground with investigation of standard development within SDO fora. Case studies centre on standards relating to privacy and security, mobile communications, Intellectual Property Rights (IPR) and copyright. The book lifts the lid on internet standard setting with detailed insight into a world which, although highly technical, very much affects the way in which citizens live and work on a daily basis. In doing this it adds significantly to the trajectory of research on Internet standards and SDOs that explore the relationship between politics and protocols. The analysis contributes to academic debates on democracy and the internet, global self-regulation and civil society, and international decision-making processes in unstructured environments. The book advances work on the Multiple Streams Framework (MS) by applying it to decision-making in non-state environments, namely SDOs which have long been dominated by private actors. The book is aimed at academic audiences in political science, computer science, communications, and science and technology studies as well as representatives from civil society, the civil service, government, engineers and experts working within SDO fora. It will also be accessible to students at the postgraduate and undergraduate levels.

Featuring specially commissioned chapters from experts in the field of media and communications law, this book provides an authoritative survey of media law from a comparative perspective. The handbook does not simply offer a synopsis of the state of affairs in media law jurisprudence, rather it provides a better understanding of the forces that generate media rules, norms, and standards against the background of major transformations in the way information is mediated as a result of democratization, economic development, cultural change, globalization and technological innovation. The book addresses a range of issues including: Media Law and Evolving Concepts of Democracy Network neutrality and traffic management Public Service Broadcasting in Europe Interception of Communication and Surveillance in Russia State secrets, leaks and the media A variety of rule-making institutions are considered, including administrative, and judicial entities within and outside government, but also entities such as associations and corporations that generate binding rules. The book assesses the emerging role of supranational economic and political groupings as well as non-Western models, such as China and India, where cultural attitudes toward media freedoms are often very different. Monroe E. Price is Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania and Joseph and Sadie Danciger Professor of Law and Director of the Howard M. Squadron Program in Law, Media and Society at the Cardozo School of Law. Stefaan Verhulst is Chief of Research at the Markle Foundation. Previously he was the co-founder and co-director, with Professor Monroe Price, of the Programme in Comparative Media Law and Policy (PCMLP) at Oxford University, as well as senior research fellow at the Centre for Socio Legal Studies. Libby Morgan is the Associate Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania.

The tension between freedom of expression and European personal data protection regulation is unmistakable. Nowhere is this more apparent than in its interface with professional journalism and other traditional publishers including artists, writers and academics. This book systematically explores how that tension has been managed across thirty-one European States from the 1970s through to the 2010s including under the General Data Protection Regulation (GDPR). It is found that, notwithstanding confusing laws, data authorities have regulated journalism through contextual rights balancing. However, they have struggled to establish a clear standard of strictness or ensure consistent enforcement. Their stance regarding other publishers has been more confused - whilst academics have been subject to onerous restrictions developed for medical and related research, other writers and artists have been largely ignored. This book suggests that contextual rights balancing should be extended to all traditional publishers and systematically developed through robust co-regulation that draws on the strength of both statutory control and self-regulation.

Big Data: A Business and Legal Guide supplies a clear understanding of the interrelationships between Big Data, the new business insights it reveals, and the laws, regulations, and contracting practices that impact the use of the insights and the data. Providing business executives and lawyers (in-house and in private practice) with an accessible primer on Big Data and its business implications, this book will enable readers to quickly grasp the key issues and effectively implement the right solutions to collecting, licensing, handling, and using Big Data. The book brings together subject matter experts who examine a different area of law in each chapter and explain how these laws can affect the way your business or organization can use Big Data. These experts also supply recommendations as to the steps your organization can take to maximize Big Data opportunities without increasing risk and liability to your organization. Provides a new way of thinking about Big Data that will help readers address emerging issues Supplies real-world advice and practical ways to handle the issues Uses examples pulled from the news and cases to illustrate points Includes a non-technical Big Data primer that discusses the characteristics of Big Data and distinguishes it from traditional database models Taking a cross-disciplinary approach, the book will help executives, managers, and counsel better understand the interrelationships between Big Data, decisions based on Big Data, and the laws, regulations, and contracting practices that impact its use. After reading this book, you will be able to think more broadly about the best way to harness Big Data in your business and establish procedures to ensure that legal considerations are part of the decision.

Internet Marketplaces explains and analyses the legal questions and challenges posed by the increased use of online auctions and exchanges for business transactions. Rather than focusing on internet businesses as a whole, the author studies the rules related to closed internet marketplaces where commercial dealings are carried out. The book provides a detailed analysis of the new business models that are being employed, their legal structures, and the extent to which further work is still required to fill in the legal infrastructure.

Dramatic and controversial changes in the funding of science over the past two decades, towards its increasing commercialization, have stimulated a huge literature trying to set out an "economics of science". Whether broadly in favour or against these changes, the vast majority of these frameworks employ ahistorical analyses that cannot conceptualise, let alone address, the questions of "why have these changes occurred?" and "why now?" Nor, therefore, can they offer much insight into the crucial question of future trends. Given the growing importance of science and innovation in an age of both a globalizing knowledge-based economy (itself in crisis) and enormous challenges that demand scientific and technological responses, these are significant gaps in our understanding of important contemporary social processes. This book argues that the fundamental underlying problem in all cases is the ontological shallowness of these theories, which can only be remedied by attention to ontological presuppositions. Conversely, a critical realist approach affords the integration of a realist political economy into the analysis of the economics of science that does afford explicit attention to these crucial questions; a 'cultural political economy of research and innovation' (CPERI). Accordingly, the book sets out an introduction to the existing literature on the economics of science together with novel discussion of the field from a critical realist perspective. In arguing thus across levels of abstraction, however, the book also explores how concerted engagement with substantive social enquiry and theoretical debate develops and strengthens critical realism as a philosophical project, rather than simply 'applying' it. While the first of these two volumes argues how mainstream economics is inadequate to the task of an explanatory and critical 'economics of science', the challenge in this second volume is to examine the strengths and weaknesses of disciplines offering more promising starting points. Two social scientific disciplines are particularly promising candidates, starting from 'economy' or 'science', namely heterodox political economy and science & technology studies respectively. Synthesising these into an 'economics of science', however, still encounters considerable hurdles, in that there remain some fundamental and mutual philosophical incompatibilities. Formulating an 'economics of science' thus demands that both 'economics' and 'science' be redefined. The book explores how a critical realist approach affords some common ground upon which this productive synthesis may be pursued, in the form of a cultural political economy of research and innovation (CPERI).

This timely work examines the interplay between intellectual property protection and antitrust rules in the communications industry, with particular focus upon the role of externalities in that interplay. There is substantial discussion of the innovation process and of how companies leverage their intellectual property rights in order to obtain market leadership. Particular emphasis is also placed upon how legal doctrines have developed to cope with these issues, and related economic analysis is also discussed.

Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker. Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law. By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls "plan-like architectures," endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets.

Featuring specially commissioned chapters from experts in the field of media and communications law, this book provides an authoritative survey of media law from a comparative perspective.

The handbook does not simply offer a synopsis of the state of affairs in media law jurisprudence, rather it provides a better understanding of the forces that generate media rules, norms, and standards against the background of major transformations in the way information is mediated as a result of democratization, economic development, cultural change, globalization and technological innovation.

The book addresses a range of issues including:

• Media Law and Evolving Concepts of Democracy
• Network neutrality and traffic management
• Public Service Broadcasting in Europe
• Interception of Communication and Surveillance in Russia
• State secrets, leaks and the media

A variety of rule-making institutions are considered, including administrative, and judicial entities within and outside government, but also entities such as associations and corporations that generate binding rules. The book assesses the emerging role of supranational economic and political groupings as well as non-Western models, such as China and India, where cultural attitudes toward media freedoms are often very different.

Monroe E. Price is Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania and Joseph and Sadie Danciger Professor of Law and Director of the Howard M. Squadron Program in Law, Media and Society at the Cardozo School of Law.

Stefaan Verhulst is Chief of Research at the Markle Foundation. Previously he was the co-founder and co-director, with Professor Monroe Price, of the Programme in Comparative Media Law and Policy (PCMLP) at Oxford University, as well as senior research fellow at the Centre for Socio Legal Studies.

Libby Morgan is the Associate Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania.

Financial technology is rapidly changing and shaping financial services and markets. These changes are considered making the future of finance a digital one.This Handbook analyses developments in the financial services, products and markets that are being reshaped by technologically driven changes with a view to their policy, regulatory, supervisory and other legal implications. The Handbook aims to illustrate the crucial role the law has to play in tackling the revolutionary developments in the financial sector by offering a framework of legally enforceable principles and values in which such innovations might take place without threatening the acquis of financial markets law and more generally the rule of law and basic human rights. With contributions from international leading experts, topics will include: Policy, High-level Principles, Trends and Perspectives Fintech and Lending Fintech and Payment Services Fintech, Investment and Insurance Services Fintech, Financial Inclusion and Sustainable Finance Cryptocurrencies and Cryptoassets Markets and Trading Regtech and Suptech This Handbook will be of great relevance for practitioners and students alike, and a first reference point for academics researching in the fields of banking and financial markets law.

Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found that 70 per cent of organisations surveyed had suffered a data breach in the previous year.
Privacy impact assessment is a tool, a process, a methodology to identify, assess, mitigate or avoid privacy risks and, in collaboration with stakeholders, to identify solutions.
Contributors to this book privacy commissioners, academics, consultants, practitioners, industry representatives are among the world s leading PIA experts. They share their experience and offer their insights to the reader in the policy and practice of PIA in Australia, Canada, New Zealand, the United Kingdom, the United States and elsewhere.
This book, the first such on privacy impact assessment, will be of interest to any organisation that collects or uses personal data and, in particular, to regulators, policy-makers, privacy professionals, including privacy, security and information officials, consultants, system architects, engineers and integrators, compliance lawyers and marketing professionals.
In his Foreword, surveillance studies guru Gary Marx says, This state-of-the-art book describes the most comprehensive tool yet available for policy-makers to evaluate new personal data information technologies before they are introduced. This book could save your organisation many thousands or even millions of euros (or dollars) and the damage to your organisation s reputation and to the trust of employees, customers or citizens if it suffers a data breach that could have been avoided if only it had performed a privacy impact assessment before deploying a new technology, product, service or other initiative involving personal data.
"

Ensuring online safety has become a topic on the regulatory agenda in many Western societies. However, regulating for online safety is far from easy, due to the wide variety of national and international, private and public actors and stakeholders that are involved. When regulating online risks for children it is important to strike the right balance between protection against harms on the one hand and safeguarding their fundamental freedoms and rights on the other. The authors in this book attempt to grapple with precisely this theme: striking the right balance between ensuring safety for children on the internet while at the same time enabling them to experiment, to learn, to enrich their lives, to acquire skills and to have fun using this global network. The authors come from various scientific disciplines, ranging from law to social science and from media studies to philosophy. This means that the book provides the reader with both empirical and theoretical/conceptual chapters and sheds a multi-disciplinary light on the complex topic of regulating online safety for children.

This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.

Now in its sixth edition, Introduction to Information Technology Law (formerly Introduction to Computer Law), provides a comprehensive and accessible introduction to the law as it relates to computers. Adopting a practical approach that places the law in the context of computer use, this book is highly suitable for undergraduate law students, non-specialist students and computer professionals.

This exceptional new text offers an up-to-date and integrated approach to communication law. Written by two practicing attorneys with extensive experience teaching the communication law course, "Law for Advertising, Broadcasting, Journalism, and Public Relations" covers the areas of communication law essential and most relevant for readers throughout the communication curriculum. Its integrated approach will serve students and practitioners in advertising and public relations as well as those in journalism and electronic media.
Providing background to help readers understand legal concepts, this comprehensive communication law text includes an introduction to the legal system; covers legal procedures, structures, and jurisdictions; discusses the First Amendment and electronic media regulations; and considers issues of access. Additional material includes: *intellectual property law; *employment and agency law, with explanations of how these laws create obligations for mass communication professionals and their employees; *commercial communication laws; and *special laws and regulations that impact reporters, public relations practitioners, and advertisers who deal with stock sales.
Special features of this text include:
*Magic Words and Phrases--defining legal terms;
*Cases--illustrating key points in each chapter;
*Practice Notes--highlighting points of particular interest to professional media practices;
*Instructions on finding and briefing cases, with a sample brief; and
*Examples of legal documents and jury instructions.
This text is intended as an introduction to communication law for students and practitioners in mass communication, journalism, advertising, broadcasting, telecommunications, and public relations.