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

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

The book provides a critical analysis of electronic alternatives to documents used in the international sale of goods carried by sea, including invoices, bills of lading, certificates of insurance, as well as other documentation required under documentary credits, and payment processing arrangements. It constitutes an in-depth discussion of their legal status and the practices relating to their use. The new edition examines recent developments in the evolving digital transformation that is taking place in the field of international trade. The book examines the commercial pressure to move from paper to electronic data, and the new technologies and relationships built for this purpose. This transition is ever evolving and as such an understanding of the attendant legal implications of the change is crucial. Analysis is provided on the adoption by UNCITRAL of its Model Law on Electronic Transferable Records, the author having been involved first hand in its drafting as a delegate and observer in UNCITRAL Working Group IV, and on the Uniform Rules on Bank Payment Obligations (URBPO). The book considers the practical workings and legal underpinnings of new electronic bill of lading platforms such as e-Title and Placing Platform Limited and of pilot projects such as Wave BL, Marco Polo and Voltron. It also examines the legal implications of proposed uses of new technologies such as distributed ledger technologies (DLT) (including blockchain), Internet of Things (IoT) and smart contracts. This book provides a complete and practical analysis of e-documents in cross-border business contracts for goods carried by sea. It examines recent trends in practice and assesses the ability of electronic alternatives to achieve legal functions performed by the paper documents they replace.

There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal. This book re-evaluates competing arguments between national security and personal privacy. The increased assimilation between the investigatory powers of the intelligence services and the police and revelations of unauthorised surveillance have resulted in increased demands for transparency in information gathering and for greater control of personal data. Recent legal reforms have attempted to limit the risks to freedom of association and expression associated with electronic surveillance. This book looks at the background to recent reforms and explains how courts and the legislature are attempting to effect a balance between security and personal liberty within a social contract. It asks what drives public concern when other aspects seem to be less contentious. In view of our apparent willingness to post on social media and engage in online commerce, it considers if we are truly consenting to a loss of privacy and how this reconciles with concerns about state surveillance.

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

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

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

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

The Internet has created a formidable challenge for human rights law and practice worldwide. International scholarly and policy-oriented communities have so far established a consensus regarding only one main aspect - human rights in the internet are the same as offline. There are emerging and ongoing debates regarding not only the standards and methods to be used for achieving the "sameness" of rights online, but also whether "classical" human rights as we know them are contested by the online environment. The internet itself, in view of its cross-border nature and its ability to affect various areas of law, requires adopting an internationally oriented approach and a perspective strongly focused on social sciences. In particular, the rise of the internet, enhanced also by the influence of new technologies such as algorithms and intelligent artificial systems, has influenced individuals' civil, political and social rights not only in the digital world, but also in the atomic realm. As the coming of the internet calls into question well-established legal categories, a broader perspective than the domestic one is necessary to investigate this phenomenon. This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the internet, which are at the focus of current academic debates. It provides a comprehensive analysis with a forward-looking perspective of bringing order into the somewhat chaotic online dimension of human rights. It addresses the matter of private digital censorship, the apparent inefficiency of existing judicial systems to react to human rights violations online, the uncertainty of liability for online human rights violations, whether the concern with personal data protection overshadows multiple other human rights issues online and will be of value to those interested in human rights law and legal regulation of the internet.

Cyber and its related technologies such as the Internet was introduced to the world only in late 1980s, and today it is unimaginable to think of a life without it. Despite being ubiquitous, cyber technology is still seen as an enigma by many, mainly due to its rapid development and the high level of science involved. In addition to the existing complexities of the technology, the level of threat matrix surrounding the cyber domain further leads to various misconceptions and exaggerations. Cyber technology is the future, thus forcing us to understand this complex domain to survive and evolve as technological beings. To understand the enigma, the book analyzes and disentangles the issues related to cyber technology. The author unravels the threats that terrorize the cyber world and aims to decrypt its domain. It also presents the existing reality of cyber environment in India and charts out a few recommendations for enhancing the country's cyber security architecture. Further, the book delves into detailed analysis of various issues like hacking, dark web, cyber enabled terrorism and covert cyber capabilities of countries like the US and China. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka

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

This 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.

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

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

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.

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.

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

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.