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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
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.
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.
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.
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances - namely, what can I do if my data privacy rights are breached? The expert contributors examine the jurisprudence of the Court of Justice of the European Union, the case law of the European Court of Human Rights and decisions by national courts. Together, they explore how judiciaries balance privacy and data protection rights against other interests and investigate the influence European courts have on national judges. This book also probes the ways in which courts deal with strategic litigation aimed at law and policy reform and, in doing so, sheds light on the role and ability of courts to safeguard privacy and data protection rights. This topical resource will benefit both academics and students of law, particularly those interested in the protection of fundamental rights and freedoms. Both policy makers and legal professionals alike will benefit from the insight into the judicial decision-making activities concerning data protection. Contributors include: M. Brkan, C. Cuijpers, P. De Hert, C. Di Cocco, J. Eichenhofer, G. Gonzalez Fuster, C. Gusy, M. Husovec, T. Kyriakou, O. Lynskey, T. Ojanen, E. Psychogiopoulou, G. Sartor
This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.
Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.
Do conceptions of the Rule of Law reflect timeless truths, or are they in fact contingent on a particular information and communications infrastructure - one that we are fast leaving behind? Hildebrandt has engineered a provocative encounter between law and networked digital technologies that cuts to the heart of the dilemma confronting legal institutions in a networked world.' - Julie E. Cohen, Georgetown University, US'Many contemporary authors are wrestling with two technological developments which will change our society beyond recognition: big data analytics and smart technologies. Few though understand, or can explain, these developments in the way Mireille Hildebrandt does. In ambitiously bringing together legal theory, psychology, social ethnology and of course smart agency and ambient intelligence, Hildebrandt gives the most complete study of these vitally important developments. Books are often described as 'must read' though few actually are; this one genuinely is.' - Andrew Murray, London School of Economics, UK This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity. Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called 'data-driven agency' threaten privacy, identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Nevertheless, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the Rule of Law. Academics and researchers interested in the philosophy of law and technology will find this book both discerning and relevant. Practitioners and policy makers in the areas of law, computer science and engineering will benefit from the insight into smart technologies and their impact today.
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.
This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.
The internet is now a key part of everyday life across the developed world, and growing rapidly across developing countries. This Handbook provides a comprehensive overview of the latest research on internet governance, written by the leading scholars in the field.With an international focus, it features contributions from lawyers, economists and political scientists across North America, Europe and Australia. They adopt a broad multidisciplinary perspective, taking in law, economics, political science, international relations, and communications studies. Thought-provoking chapters cover topics such as ICANN, the Internet Governance Forum, grassroots activism, innovation, human rights, privacy in social networks, and network neutrality. Being a forward-looking guide for the next decade, this Research Handbook will strongly appeal to scholars and graduate students in the social sciences studying and researching internet governance, political scientists, economists, lawyers and computer scientists working on governance issues, as well as regulators and policymakers responsible for internet governance in national governments and intergovernmental organizations. Contributors: J.M. Bauer, A. Brown, I. Brown, L. Bygrave, J. Cave, N. Economides, L. Edwards, A.M. Froomkin, G. Greenleaf, J. Hofmann, G. Hosein, R.F. Jorgensen, C.T. Marsden, A. Matwyshyn, T.J. McIntyre, M. Mueller, A. Powell, J. Tag, M. van Eeten, R.H. Weber, M. Ziewitz
IT Contracts and Dispute Management provides in-depth analysis of the legal issues that customers and suppliers involved in a technology project can face at each of its critical stages. The authors offer a practitioner'?s-eye view of both the impact of those issues and how to resolve them or minimise their effect. Key features include:? guidance on all stages of a technology project presented in the order in which they typically occur? discussion of the tender process, preparation of contract terms and project delivery? advice on how to manage commonly occurring issues, such as delayed delivery? insight into potential methods of project ?'resuscitation'? when difficulties arise advice on ?'end of project?' issues, including termination options, formal resolution of disputes and quantification of losses first-hand insights drawing on the authors?' extensive personal experiences throughout. Being the only published work in this area relating to English law, this book will be a valuable resource for lawyers in private practice who are advising clients on the avoidance or resolution of disputes arising from IT projects. It will also be of great interest to in-house legal counsel who advise that part of their business responsible for procuring, supplying, or managing an IT project.
This book explores, through a children's rights-based perspective, the emergence of a safeguarding dystopia in child online protection that has emerged from a tension between an over-reliance in technical solutions and a lack of understanding around code and algorithm capabilities. The text argues that a safeguarding dystopia results in docile children, rather than safe ones, and that we should stop seeing technology as the sole solution to online safeguarding. The reader will, through reading this book, gain a deeper understanding of the current policy arena in online safeguarding, what causes children to beocme upset online, and the doomed nature of safeguarding solutions. The book also features a detailed analysis of issues surrounding content filtering, access monitoring, surveillance, image recognition, and tracking. This book is aimed at legal practitioners, law students, and those interested in child safeguarding and technology.
This volume provides an overview of cyber economic crime in India, analyzing fifteen years of data and specific case studies from Mumbai to add to the limited research in cyber economic crime detection. Centering around an integrated victim-centered approach to investigating a global crime on the local level, the book examines the criminal justice system response to cyber economic crime and proposes new methods of detection and prevention. It considers the threat from a national security perspective, a cybercrime perspective, and as a technical threat to business and technology installations. Among the topics discussed: Changing landscape of crime in cyberspace Cybercrime typology Legal framework for cyber economic crime in India Cyber security mechanisms in India A valuable resource for law enforcement and police working on the local, national, and global level in the detection and prevention of cybercrime, Cyber Economic Crime in India will also be of interest to researchers and practitioners working in financial crimes and white collar crime.
This handbook provides a comprehensive treatise of the concepts and nature of technology-facilitated gendered violence and abuse, as well as legal, community and activist responses to these harms. It offers an inclusive and intersectional treatment of gendered violence including that experienced by gender, sexuality and racially diverse victim-survivors. It examines the types of gendered violence facilitated by technologies but also responses to these harms from the perspectives of victim advocates, legal analyses, organisational and community responses, as well as activism within civil society. It is unique in its recognition of the intersecting drivers of inequality and marginalisation including misogyny, racism, colonialism and homophobia. It draws together the expertise of a range of established and globally renowned scholars in the field, as well as survivor-advocate-scholars and emerging scholars, lending a combination of credibility, rigor, currency, and innovation throughout. This handbook further provides recommendations for policy and practice and will appeal to academics and students in Criminology, Criminal Justice, Law, Socio-Legal Studies, Politics, as well as Women's and/or Gender Studies.
Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While information on privacy topics is freely available, it can be diffcult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. This fourth revised edition reflects significant changes to data privacy law since 2017 such as the entering into force of the EU General Data Protection Regulation, as well as the challenges companies face with respect to data monetization, cloud adoption and the Internet of Things. With data privacy law enforcement at an all time high, readers will benefit from this introduction to key data privacy concepts and the useful practical guidance on starting, maintaining and auditing compliance programs. Step-by-step direction on drafting privacy documentation is provided, with 'how-to' suggestions for tackling other tasks and projects. Finally, the book offers an A-Z list of hot topics, organized by commonly used words and terms. This should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: updated guidance based on EU GDPR enforcement, the California Consumer Privacy Act, the CLOUD Act and other new laws in-depth discussion of pros and cons of cross-border transfer compliance mechanisms trends, tips and terms for contracts roadmap for addressing data subject access and deletion rights checklists for marketing and data monetization programs guidance for impact assessments and accountability documentation information relating to hot topics in privacy such as clinical trials, artificial intelligence, connected cars risk mitigation suggestions for product manufacturers Key Features: A-Z of data privacy provides snapshot of key topics practical guide to starting, maintaining and auditing privacy compliance programs glossaries of key acronyms and terms help the user to navigate through the field sample documentation and checklists to ensure the clearest possible guidance advice on drafting documentation and tools to complete an end-to-end process concise overview of the practical requirements of data privacy compliance worldwide clear structure facilitates quick reference.
The field of artificial intelligence has made tremendous advances in the last few decades, but as smart as AI is now, it is getting exponentially smarter and becoming more autonomous in its actions. This raises a host of challenges to current legal doctrine, including whether the output of AI entities should count as 'speech', the extent to which AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered an independent agent and responsible for its actions under the law of tort or agency. Containing chapters written by leading U.S., EU, and International law scholars, the Research Handbook presents current law, statutes, and regulations on the role of law in an age of increasingly smart AI, addressing issues of law that are critical to the evolution of AI and its role in society. To provide a broad coverage of the topic, the Research Handbook draws upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly smart AI systems, and a discussion of jurisdiction for AI entities that will not be 'content' to stay within the geographical boundaries of any nation state or be tied to a particular physical location. Using numerous examples and case studies, the chapter authors discuss the political and jurisdictional decisions that will have to be made as AI proliferates into society and transforms our government and social institutions. The Research Handbook will also introduce designers of artificially intelligent systems to the legal issues that apply to the make-up and use of AI from the technologies, algorithms, and analytical techniques. This essential guide to the U.S., EU, and other International law, regulations, and statutes which apply to the emerging field of 'law and AI' will be a valuable reference for scholars and students interested in information and intellectual property law, privacy, and data protection as well as to legal theorists and social scientists who write about the future direction and implications of AI. The Research Handbook will also serve as an important reference for legal practitioners in different jurisdictions who may litigate disputes involving AI, and to computer scientists and engineers actively involved in the design and use of the next generation of AI systems. Contributors include: W. Barfield, S. Bayern, S.J. Blodgett-Ford, R.G.A. Bone, T. Burri, A. Chin, J.A. Cubert, M. de Cock Buning, S. De Conca, S-.A. Elvy, A. Ezrachi, R. Leenes, Y. Lev-Aretz, A.R. Lodder, R.P. Loui, T.M. Massaro, L.T. McCarty, J.O. McGinnis, F. Moslein, H. Norton, N. Packin, U. Pagallo, S. Quattrocolo, W. Samore, F. Shimpo, M.E. Stucke, R. van den Hoven van Genderen, L. Vertinsky, A. von Ungern-Sternberg, J.F. Weaver, Y-.H. Weng, I. Wildhaber
The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.
This book critiques the contemporary recourse to transparency in law and policy. This is, ostensibly, the information age. At the heart of the societal shift toward digitalisation is the call for transparency and the liberalisation of information and data. Yet, with the recent rise of concerns such as 'fake news', post-truth and misinformation, where the policy responses to all these phenomena has been a petition for even greater transparency, it becomes imperative to critically reflect on what this dominant idea means, whom it serves, and what the effects are of its power. In response, this book provides the first sustained critique of the concept of transparency in law and policy. It offers a concise overview of transparency in law and policy around the world, and critiques how this concept works discursively to delimit other forms of governance, other ways of knowing and other realities. It draws on the work of Michel Foucault on discourse, archaeology and genealogy, together with later Foucaultian scholars, including Gayatri Chakravorty Spivak and Judith Butler, as a theoretical framework for challenging and thinking anew the history and understanding of what has become one of the most popular buzzwords of 21st century law and governance. At the intersection of law and governance, this book will be of considerable interest to those working in these fields; but also to those engaged in other interdisciplinary areas, including society and technology, the digital humanities, technology laws and policy, global law and policy, as well as the surveillance society.
This book provides a comparison and practical guide of the data protection laws of Canada, China (Hong Kong, Macau, Taiwan), Laos, Philippines, South Korea, United States and Vietnam. The book builds on the first book Data Protection Law. A Comparative Analysis of Asia-Pacific and European Approaches, Robert Walters, Leon Trakman, Bruno Zeller. As the world comes to terms with Artificial Intelligence (AI), which now pervades the daily lives of everyone. For instance, our smart or Iphone, and smart home technology (robots, televisions, fridges and toys) access our personal data at an unprecedented level. Therefore, the security of that data is increasingly more vulnerable and can be compromised. This book examines the interface of cyber security, AI and data protection. It highlights and recommends that regulators and governments need to undertake wider research and law reform to ensure the most vulnerable in the community have their personal data protected adequately, while balancing the future benefits of the digital economy.
TV Futures: Digital Television Policy in Australia brings together leading writers from both law and media studies to examine the implications of the shift to digital television for the platforms and audiences, copyright law and media regulation. The book combines writers with expertise in media law and copyright law with those skilled in media policy and social and cultural research. Through its scope and topicality, the book substantially develops the literature on digital television to serve readers from across the fields of law, the humanities and social sciences.
The book provides a detailed overview and analysis of important EU Internet regulatory challenges currently found in various key fields of law directly linked to the Internet such as information technology, consumer protection, personal data, e-commerce and copyright law. In addition, it aims to shed light on the content and importance of various pending legislative proposals in these fields, and of the Court of Justice of the European Union's recent case law in connection with solving the different problems encountered. The book focuses on challenging legal questions that have not been sufficiently analyzed, while also presenting original thinking in connection with the regulation of emerging legal questions. As such, it offers an excellent reference tool for researchers, policymakers, judges, practitioners and law students with a special interest in EU Internet law and regulation.
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 is about the human factor in cybercrime: its offenders, victims and parties involved in tackling cybercrime. It takes a diverse international perspective of the response to and prevention of cybercrime by seeking to understand not just the technological, but the human decision-making involved. This edited volume represents the state of the art of research on the human factor in cybercrime, addressing its victims, offenders, and policing. It originated at the Second annual Conference on the Human Factor in Cybercrime, held in The Netherlands in October 2019, bringing together empirical research from a variety of disciplines, and theoretical and methodological approaches. This volume will be of particular interest to researchers and students in cybercrime and the psychology of cybercrime, as well as policy makers and law enforcement interested in prevention and detection.
Addressing the problems surrounding cyber security and cyberspace, this book bridges the gap between the technical and political worlds to increase our understanding of this major security concern in our IT-dependent society, and the risks it presents. Only by establishing a sound technical understanding of what is and is not possible can a properly informed discussion take place, and political visions toward cyberspace accurately map and predict the future of cyber security. Combining research from the technical world that creates cyberspace with that of the political world, which seeks to understand the consequences and uses of cyberspace, Steed analyses and explains the circumstances that have led to current situations whereby IT-dependent societies are vulnerable to, and regularly victims of, hacking, terrorism, espionage, and cyberwar. Two fundamental questions are considered throughout the book: what circumstances led to this state of affairs? And what solutions exist for the future of cyberspace? In tackling these questions, Steed also analyses the emergent and increasingly competing political positions on offer to stabilise the landscape of cyberspace. This interdisciplinary work will appeal to researchers and students of Security Studies, Intelligence Studies, Strategic Studies and International Relations as well as cybersecurity practitioners charged with developing policy options.
This book presents a collection of state-of-the-art approaches to utilizing machine learning, formal knowledge bases and rule sets, and semantic reasoning to detect attacks on communication networks, including IoT infrastructures, to automate malicious code detection, to efficiently predict cyberattacks in enterprises, to identify malicious URLs and DGA-generated domain names, and to improve the security of mHealth wearables. This book details how analyzing the likelihood of vulnerability exploitation using machine learning classifiers can offer an alternative to traditional penetration testing solutions. In addition, the book describes a range of techniques that support data aggregation and data fusion to automate data-driven analytics in cyberthreat intelligence, allowing complex and previously unknown cyberthreats to be identified and classified, and countermeasures to be incorporated in novel incident response and intrusion detection mechanisms. |
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