Maps the landscape of contemporary informational interests. Of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.

Rikke Frank Jorgensen has given us a thoughtful and competent contribution to a debate of increasing global importance. Her theoretical analysis and practical case-study stimulate critical reflection on how we should connect the primary moral domain of our time - human rights - with the primary infrastructure for global communication, the Internet. This book is a must read for all who engage with the search for meaningful and practical normative directions for communications in the 21st century.' - Cees J. Hamelink, University of Amsterdam, The Netherlands'Understanding the Internet is key to protecting human rights in the future. In Framing the Net, Rikke Frank Jorgensen shows how this can be done. Deconstructing four key metaphors - the Internet as infrastructure, public sphere, medium and culture - she shows where the challenges to human rights protection online lie and how to confront them. Importantly, she develops clear policy proposals for national and international Internet policy-makers, all based on human rights. Her book is essential reading for anyone interested in the future of human rights on the Internet: and that should be everyone.' - Wolfgang Benedek, University of Graz, Austria 'Jorgensen's examination of whether Internet governance can be better aligned with the rights and freedoms enshrined in human rights law and standards of compliance should be read by everyone in the academic, policy and legal practitioner communities. From women s use of ICTs in Uganda to Wikipedia in Germany, information society developments make it imperative that scholars and practitioners understand why it matters how the issues are framed. This book successfully analyses a decade or more of debate in this field in an engaging and very illuminating way.' - Robin Mansell, London School of Economics and Political Science, UK This important book examines how human rights are being applied in the digital era. The focus on 'internet freedoms' and 'internet rights' has risen considerably in recent years, and in July 2012 the first resolution on the promotion, protection and enjoyment of human rights on the internet was adopted by the U.N. Human Rights Council. This timely book suggests four framings to examine human rights challenges in an internet era: the Internet as Infrastructure, the Internet as Public Sphere, the Internet as Medium and the Internet as Culture. These propositions, and the questions that arise from them, are considered in the broad context of the way human rights are translated and applied in the information society, both in academic research and the international community s policy discourse. The author points to the role of private actors vis-a-vis human rights as one of the most crucial and cross-cutting themes that needs to be addressed in order to advance human rights protection on the internet. Combining research themes that are often dealt with separately, this book will appeal to civil society organizations, journalists, and policy makers in the field of internet and communication policy making. The book's overview of internet-related academic discourse combined with human rights-based policy analysis will be useful for scholars, students, and practitioners working within these fields. Contents: Preface Introduction Part I: Human Rights in the Internet Era 1. Theorizing the Internet Era 2. Revisiting Public and Private 3. Human Rights Part II: Framing the Net 4. The Internet as Infrastructure 5. The Internet as Public Sphere 6. The Internet as a Medium 7. The Internet as Culture Part III: ICT and Social Change 8. ICT as a Tool for Empowerment in Uganda 9. Wikipedia as a Platform for Community Life and Collaboration 10. Conclusion Appendices Bibliography Index

The relationship between hacking and the law has always been complex and conflict-ridden. This book examines the relations and interactions between hacking and the law with a view to understanding how hackers influence and are influenced by technology laws and policies. In our increasingly digital and connected world where hackers play a significant role in determining the structures, configurations and operations of the networked information society, this book delivers an interdisciplinary study of the practices, norms and values of hackers and how they conflict and correspond with the aims and aspirations of hacking-related laws. Describing and analyzing the legal and normative impact of hacking, as well as proposing new approaches to its regulation and governance, this book makes an essential contribution to understanding the socio-technical changes, and consequent legal challenges, faced by our contemporary connected society.

This book critically confronts perceptions that social media has become a 'wasteland' for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations - whilst important - have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as 'dangerous' for young people - to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it - has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different - and more progressive -conceptualisation of children and youth.

E-voting is the use of electronic means in the casting of the vote at political elections or referendums. This book provides an overview of e-voting related case-law worldwide and explains how judicial decisions impact e-voting development. With contributions by renowned experts on thirteen countries, the authors discuss e-voting both from controlled environments, such as voting machines in polling stations, and uncontrolled ones, including internet voting. Each chapter examines a group of country-specific leading judicial decisions on e-voting and their likely impact on its future development. Reference is made to emerging standards on e-voting such as the Recommendation Rec(2004)11 of the Council of Europe, the only international instrument on e-voting regulation, and to other countries' case-law. The work provides a broader, informative and easily accessible perspective on the historical, political and legal aspects of an otherwise very technical subject, and contributes to a better understanding of the significance of case law and its impact in shaping e-voting's future development. The book will be significantly useful to anyone with an interest in e-voting, in particular decision makers and officials, researchers and academia, as well as NGOs and providers of e-voting solutions.

This book seeks to answer one central question: do the U.S. cable and satellite retransmission statutory licenses comply with the TRIPs minimum standard? As with all legal problems, the resolution of ambiguity provides the challenge--and the interest. In this regard, by far the greatest ambiguity is created by the use of the term "equitable renumeration" in the TRIPs retransmission norm. Resort will be had to not only the drafting history of the TRIPs incorporated Berne Convention article, but also to the discipline of economics and to the field of restitutionary monetary awards in common law countries, to seek to provide a meaning for that term. This book is unique in so far as it purports to undertake to provide an analysis whereby a TRIPs compliance issue is considered fully at a theoretical level in an attempt to provide an answer. In so doing, it is hoped that the analysis will provide a methodology for the consideration of the compliance of national laws with intellectual property treaty obligations, which is of use to anyone who may wish to consider such compliance issues in the future.

Mass digitization of texts, images, and other creative works promises to unprecedentedly enhance access to culture and knowledge. With the electronic 'library of Alexandria' having started to materialize, a number of legal and policy issues have emerged. The book develops an extended conceptual account of the ways in which mass digital projects challenge the established copyright norms through the wholesale copying of works, their storage in cloud environments, and their automated processing for purposes of data analytics and text mining. As individual licensing is not compatible with the mass scale of these activities, alternative approaches have gained momentum as effect of judicial interpretation, legislative initiative and private-ordering solutions. This book queries the normative and policy implications of this newly emerging framework in copyright law. Adopting a cross-jurisdictional perspective, it concludes that lack of clarity as to the scope of authorial consent does not only bear the risk of legal uncertainty, but can also lead to the creation of new and not readily transparent monopolies on information and knowledge. In this respect, a new regulatory framework is outlined drawing from the insights developed in areas of law where the concept of consent in the use of data has been thoroughly elaborated. Illustrating how mass digitization unveils a number of unsettled theoretical issues within copyright, the book builds a sophisticated case that digital repositories in the mass digital age should be and remain fully-fledged public goods to the benefit of future generations.

Lipton considers the balance between trademark policy, free speech and other pressing interests in domain names, such as privacy and personality rights and cultural and political interests.

The fifth edition of Information Technology Law continues to be dedicated to a detailed analysis of and commentary on the latest developments within this burgeoning field of law. It provides an essential read for all those interested in the interface between law and technology and the effect of new technological developments on the law. The contents have been restructured and the reordering of the chapters provides a coherent flow to the subject matter. Criminal law issues are now dealt with in two separate chapters to enable a more focused approach to content crime. The new edition contains both a significant amount of incremental change as well as substantial new material and, where possible, case studies have been used to illustrate significant issues. In particular, new additions include: * Social media and the criminal law; * The impact of the decision in Google Spain and the 'right to be forgotten'; * The Schrems case and the demise of the Safe Harbour agreement; * The judicial reassessment of the proportionality of ICT surveillance powers within the UK and EU post the Madrid bombings; * The expansion of the ICANN gTLDs and the redesigned domain name registration and dispute resolution processes.

In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society's interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a 'right to be forgotten', Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Tom Crone's classic text has been thoroughly revised by an impressive team of legal experts. It provides an essential source of reference for the key legal issues encountered by those who work in the media such as journalists, editors and producers, as well as media lawyers. Topics covered include: Protection of Reputation Copyright and Rights Clearance New Media Breach of Confidence and Privacy The Data Protection Act 1998 Reporting Restrictions, Contempt of Court and Protection of Journalistic Sources The Freedom of Information Act 2000 and Official Secrets Professional Regulatory Bodies and Advertising The Human Rights Act 1998 The Law in Scotland and the United States of America Comprehensive supplementary reference material is also provided, including a glossary of legal terms, addresses, telephone numbers and web sites of professional bodies, and specimen agreements including interview agreements and moral rights waivers. With contributions from: Terence Bergin, Marietta Cauchi, Jane Colston, Mark Cranwell, Charles de Fleurieu, Simon Dowson-Collins, David Green, Peter Grundberg, Rebecca Handler, Joanna Ludlam, Rosalind McInnes, Hugh Tomlinson and John Wadham.

In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and copyright law.

Breaking Away sounds a warning call alerting readers that their privacy and autonomy concerns are indeed warranted, and the remedies deserve far greater attention than they have received from our leading policymakers and experts to date. Through the various prisms of economic theory, market data, policy, and law, the book offers a clear and accessible insight into how a few powerful firms - Google, Apple, Facebook (Meta), and Amazon - have used the same anticompetitive playbook and manipulated the current legal regime for their gain at our collective expense. While much has been written about these four companies' power, far less has been said about addressing their risks. In looking at the proposals to date, however, policymakers and scholars have not fully addressed three fundamental issues: First, will more competition necessarily promote our privacy and well-being? Second, who owns the personal data, and is that even the right question? Third, what are the policy implications if personal data is non-rivalrous? Breaking Away not only articulates the limitations of the current enforcement and regulatory approach but offers concrete proposals to promote competition, without having to sacrifice our privacy. This book explores how these platforms accumulated their power, why the risks they pose are far greater than previously believed, and why the tools need to be far more robust than what is being proposed. Policymakers, scholars, and business owners, managers, and entrepreneurs seeking to compete and innovate in the digital platform economy will find the book an invaluable source of information.

Media Law for Producers is a comprehensive handbook that explains, in lay terms, the myriad legal issues that the producer will face on a regular basis - contracts, permits, defamation, patents, releases and insurance, libel, royalties and residuals, as well as protecting the finished production. This revised and expanded edition includes such Internet-related topics as Internet music law, online registration, and online privacy. Other new topics covered include: * Implied and express contracts in the project/idea submission process * Assignment/transfer of copyright * Music clip licensing * Use of other people's trademarks in media production * Parody as a defense to copyright infringement Clear explanations examine the how and why of different types of production contracts, and checklists provide a quick means for producers to determine when their productions might be at greatest risk to legal challenges. Media Law for Producers also examines the substantial changes in copyright term resulting from recent copyright legislation. Legal problems can be very costly to media producers. Lawyers and court fees, coupled with the loss of work time, can lead to bankruptcy. Media Law for Producers cuts through the legalese and illustrates legal issues to help producers recognize the legal questions that can arise during production.

E-voting is the use of electronic means in the casting of the vote at political elections or referendums. This book provides an overview of e-voting related case-law worldwide and explains how judicial decisions impact e-voting development. With contributions by renowned experts on thirteen countries, the authors discuss e-voting both from controlled environments, such as voting machines in polling stations, and uncontrolled ones, including internet voting. Each chapter examines a group of country-specific leading judicial decisions on e-voting and their likely impact on its future development. Reference is made to emerging standards on e-voting such as the Recommendation Rec(2004)11 of the Council of Europe, the only international instrument on e-voting regulation, and to other countries' case-law. The work provides a broader, informative and easily accessible perspective on the historical, political and legal aspects of an otherwise very technical subject, and contributes to a better understanding of the significance of case law and its impact in shaping e-voting's future development. The book will be significantly useful to anyone with an interest in e-voting, in particular decision makers and officials, researchers and academia, as well as NGOs and providers of e-voting solutions.

Protecting the privacy of student data when bringing technology into the classroom is one of the toughest organizational challenges facing schools and districts today. Parent and legislator concerns about how school systems protect the privacy of student data are at an all-time high. School systems must navigate complex federal and state regulations, understand how technology providers collect and protect student data, explain those complexities to parents, and provide the reassurance the community needs that the student information will remain safe. Student Data Privacy: Building a School Compliance Program provides solutions for all of these challenges and more. It is a step-by-step journey through the process of building the policies and practices to protect student data, and shifting the organizational culture to prioritize privacy while still taking advantage of the tremendous benefits that technology has to offer in the modern classroom.

Stefan Larsson's Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. The overall analysis draws from conceptual studies of "property" in intellectual property. By using Karl Renner's account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of "copy" in copyright as well as the metaphorical battle of defining the BitTorrent site "The Pirate Bay" in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised "openness" of digital innovation.

In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and copyright law.

This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a 'right' to private copying, whereas rightholders are in position to prohibit the exercise of this 'right'. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context. With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a 'sacred' privilege that can be enforced against possible restrictions. Private Copying will be of particular interest to academics, students and practitioners of intellectual property law.

Invaluable guidance on the most important legal issues facing nonprofits today Internet communication is the lifeblood of countless nonprofit organizations, yet there exists no specific law to provide for its regulation. Without solid legal guidance, nonprofits risk not only missing out on the unlimited opportunities that the Internet has to offer, but also jeopardizing their tax-exempt status. The Nonprofits' Guide to Internet Communications Law analyzes and explains the laws applicable to Internet communications by nonprofit organizations. Nonprofit law expert Bruce Hopkins writes that with Congress and government agencies reluctant to create new law, it will ultimately be up to the courts to determine the future of Internet law affecting nonprofit organizations. Extrapolating from the underlying principles of existing law, Hopkins addresses the legal ramifications of Internet business activities, charitable-giving administration, fundraising programs, lobbying, political campaign activities, and more. The Nonprofits' Guide to Internet Communications Law proves an unparalleled resource for this emerging field.

During this era of construction of the information superhighway, this volume presents a prudent analysis of the pros and cons of continuing state regulation of telecommunications. While interested parties either attack or defend state regulation, careful scholarly analysis is required to strike the appropriate balance of regulatory federalism. Focusing on regulation in the 1990s, it uses a positive political economy perspective to analyze enduring state-federal conflicts and to weigh the justifications and explanations for continuing state telecommunications regulation, or for changing its structure. It also considers normative concerns and makes recommendations about how to improve telecommunications policy. Seriously concerned with assessing the problems surrounding cost burdens for different categories of consumers, market entry for different firms, economic growth and the information infrastructure, global competitiveness, and control over information, this volume attempts to provide answers to the following specific questions: * How are states regulating telecommunications in the brave new world of global markets, fiber optics, and digital technology? * Do states vary significantly in their regulatory models? * How are the politics of state and federal regulation different? * Would a different federal-state relationship better serve national telecommunications goals in the future? To tackle these critical questions, the scholarly perspectives of economists, lawyers, political scientists, and telecommunications consultants and practitioners are employed.

Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.

In this book Konstantinos Komaitis identifies a tripartite problem - intellectual, institutional and ethical - inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis 'e-property' rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice. The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space. Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens. With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.

A comprehensive, structured, and up-to-date introduction to the law governing the dissemination of information in a computer-mediated world in China, Internet Law in China stresses the practical applications of the law that are encountered by all individuals and organizations in Chinese cyberspace, but always in the light of theoretical underpinnings. Among the overarching topics treated in the Chinese context are the following: intellectual property protection in cyberspace; privacy of communication and data privacy; electronic contract forming and electronic signature; personal, domestic and international jurisdiction; and free expression in cyberspace. This book is particularly valuable to legal, business, and communication professionals, academics, and students concerned with the regulation of the Internet and related activities in China. It is the first book to focus solely on Chinese Internet law.

Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation. Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints. Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.