This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden's revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU's requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU's extraterritorial fundamental rights requirements without violating the principles of the WTO's law on services. It also addresses current developments in international trade law - the conclusion of comprehensive trade agreements - and offers suggestion for the design of data flow clauses that accommodate privacy and trade.

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.

A broad explanation of the various dimensions of the problem of "bad" speech on the internet within the American context. One of the most fiercely debated issues of this era is what to do about "bad" speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors-including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Newt Minow, Cass Sunstein, Jack Balkin, Emily Bazelon, and others-to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.

This book is designed to teach law students and information professionals the law and practices related to information management, or what is increasingly referred to as the practice of information governance. Of necessity, it covers a lot of ground: from information contracts and information torts to government transparency and cybersecurity. It is, in effect, an information law survey book, but one that combines a discussion of applicable law with the practical and process orientation that is a hallmark of those involved in information governance.

Global Internet Law in a Nutshell surveys the historical, technological, and cultural impacts of the Internet, applying multiple academic perspectives to the path of both U.S. and foreign cyberlaw. Subsequent chapters review the latest case law and statutory developments from the United States, European Union, China, and other countries governing the Internet. Internet-related issues for jurisdiction, contracts, consumer protection, torts, privacy, cybercrimes, content regulation, and each branch of intellectual property law are summarized. This Nutshell covers the major topics taught in Internet Law, Electronic Commerce Law, and Information Technology Law classes. Rapidly evolving topics such as the Internet of Things, Driverless Cars, Artificial Intelligence, the EU's General Data Protection Regulation, and Internet-related Intellectual Property Cases are highlighted.

This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting 'data subject empowerment' in the information society through the lens of the right to erasure ("right to be forgotten") in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Art.8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterise individuals' relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR's right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art. 8 Charter) in the face of power asymmetries online.

In this riveting, behind-the-scenes courtroom drama, a brilliant legal team battles corporate greed and government overreach for our fundamental right to control our genes. When attorney Chris Hansen learned that the U.S. government was issuing patents for human genes to biotech companies, his first thought was, How can a corporation own what makes us who we are? Then he discovered that women were being charged exorbitant fees to test for hereditary breast and ovarian cancers, tests they desperately needed--all because Myriad Genetics had patented the famous BRCA genes. So he sued them. Jorge L. Contreras, one of the nation's foremost authorities on human genetics law, has devoted years to investigating the groundbreaking civil rights case known as AMP v. Myriad. In The Genome Defense Contreras gives us the view from inside as Hansen and his team of ACLU lawyers, along with a committed group of activists, scientists, and physicians, take their one-in-a-million case all the way to the U.S. Supreme Court. Contreras interviewed more than a hundred key players involved in all aspects of the case--from judges and policy makers to ethicists and genetic counselors, as well as cancer survivors and those whose lives would be impacted by the decision--expertly weaving together their stories into a fascinating narrative of this pivotal moment in history. The Genome Defense is a powerful and compelling story about how society must balance scientific discovery with corporate profits and the rights of all people.

Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.

Cornerstone on Information Law is a one-volume practical guide focused on data protection law, freedom of information and the environmental information regulations. Covering the GDPR and the Data Protection Act 2018, the title is up to date with adaptations to UK data protection law in the event of Brexit; while also explaining the law before Brexit, or if it does not occur. It is an essential reference work for Data Protection Officers/FOI Information Officers and busy in-house lawyers in local authorities and the public sector generally; and, those in large and small businesses with data protection responsibilities. It covers the essential areas for practitioners in this fast-changing framework. The guide has been organised for easy navigation and browsing, with many real world examples and worked scenarios. It aims to form a bridge between the introductory and the detailed levels, avoiding an overly-detailed legal approach, while equipping readers with the knowledge they need to deal with both specific problems and day-to-day issues. Key topics covered include: General Data Protection Regulation (GDPR) Data Protection Act 2018 (including exemptions from the GDPR) A summary of the regime for law enforcement data processing UK changes to data protection law in the event of Brexit Freedom of Information Act 2000 Environmental Information Regulations 2004 Damien Welfare is a member of Cornerstone Barristers specialising in information law. He is also a contributor to Cornerstone on Councillors' Conduct, and a Member of the Examination Board for the Practitioner Certificate in Data Protection (www.dataprotectionqualification.com). This book forms part of the successful 'Cornerstone on...' series of authoritative titles published by Bloomsbury Professional. Public Law barristers at Cornerstone Barristers are recognised experts in Information Law (Data Protection, Freedom of Information, and the Environmental Information Regulations) and hold seminars and training on these topics.

'As technology reshapes financial products and services at meteoric speed, FinTech: Law and Regulation helps the reader understand key components of this evolution with an international mindset.' - Martin Ferreiro, Product Manager, Ebury UK 'Financial technology is a global phenomenon rapidly evolving in numerous directions and impacting a myriad of industries. If you need to understand how law and regulation around the globe is addressing, supporting, and grappling with its many challenges and immense possibilities, this is the book to read!' - Bridget Marsh, Executive Vice President and Deputy General Counsel, The Loan Syndications and Trading Association, US 'An excellent review of the key topics in the developing world of FinTech. Easily digestible chapters that identify and demystify legal issues surrounding this rapidly expanding subject matter.' - James M. Klotz, Miller Thomson LLP, Canada; Vice-President, International Bar Association; Immediate Past-Chair, IBA Task Force on the Future of Legal Services 'FinTech: Law and Regulation makes an important and welcome contribution to the literature in the growing financial technology industry. It covers every area from open banking to smart contracts whilst neatly combining analysis of the technical considerations as well as the pertinent legal and regulatory issues. This book will be hugely beneficial to practicing lawyers, law students, technologists and academics. Highly recommended.' - Peter Hunn, Founder and CEO, Clause Inc., US FinTech has developed rapidly in recent years, and with these developments new challenges arise, particularly for regulators: how do you apply current law to these ever-changing concepts in a world of continual technological advancement? Key features include: Insight from FinTech specialists from 10 countries, unpicking the legal and regulatory issues across banking, payments and fundraising Detailed clarification on developments in alternative funding platforms, cryptoassets, initial coin offerings, blockchain and smart contracts Discussion of innovative solutions for regulators including how to combat the challenges of patenting FinTech inventions and regulating robo-advisors Guidance for law firms on meeting the challenges presented by the speed of technological innovation and new entrants in the financial sector. Offering a thorough overview of the sector for practical use, FinTech: Law and Regulation will be an invaluable guide for in-house lawyers as well as law firms looking for an overview of legal and regulatory issues in FinTech. It will also be an essential text for those looking to understand the breadth of the sector, as well as the key legal and regulatory issues.

This innovative book sets itself at the crossroads of several rapidly developing areas of research in legal and global studies related to social computing, specifically in the context of how public emergency responders appropriate content on social media platforms for emergency and disaster management. The book - a collaboration between computer scientists, ethicists, legal scholars and practitioners - should be read by anyone concerned with the ongoing debate over the corporatization and commodification of user-generated content on social media and the extent to which this content can be legally and ethically harnessed for emergency and disaster management. The collaboration was made possible by EU's FP 7 Project Slandail (# 607691, 2014-17).

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.

Canadian Communication Policy and Lawprovides a uniquely Canadian focus and perspective on telecommunications policy, broadcasting policy, internet regulation, freedom of expression, censorship, defamation, privacy, government surveillance, intellectual property, and more. Taking a critical stance, Sara Bannerman draws attention to unequal power structures by asking the question, whom does Canadian communication policy and law serve? Key theories for analysis of law and policy issues-such as pluralist, libertarian, critical political economy, Marxist, feminist, queer, critical race, critical disability, postcolonial, and intersectional theories-are discussed in detail in this accessibly written text. From critical and theoretical analysis to legal research and citation skills, Canadian Communication Policy and Law encourages deep analytic engagement. Serving as a valuable resource for students who are undertaking research and writing on legal topics for the first time, this comprehensive text is well suited for undergraduate communication and media studies programs. Features: Includes a practical chapter on how to do legal and policy research and how to cite legal sources Contains in-text pedagogy including suggested readings and a comprehensive glossary.

Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.

'Cyber Crime: Law and Practice', now in its second edition, tackles the fast-growing topic of cyber crime and covers a wide range of issues from electronic fraud, data, interception of communications, cyber stalking, online theft and intellectual property to more involved topics like malicious communications and the rules of evidence relating to cyber-crimes and computers. The second edition contains updated information on: New Offences under the Computer Misuse Act 1990, Investigatory Powers Act 2016, Data Protection Act 2018 and GDPR, and new CPS guidance on prosecution of offences relating to social media. Using detailed case studies, examples and statutory extracts the author explains all aspects of cyber crime and computer crime. 'Cyber Crime: Law and Practice' provides a practical, easy-to-follow guide for practitioners in the field, as well as those in law enforcement and academia.

Praise for Robert W. McChesney

"Robert McChesney's work has been of extraordinary importance. . . . It should be read with care and concern by people who care about freedom and basic rights."
--Noam Chomsky

"Robert McChesney is one of the nation's most important analysts of the media."
--Howard Zinn

The symptoms of the crisis of the U.S. media are well-known--a decline in hard news, the growth of info-tainment and advertorials, staff cuts and concentration of ownership, increasing conformity of viewpoint and suppression of genuine debate. McChesney's new book, The Problem of the Media, gets to the roots of this crisis, explains it, and points a way forward for the growing media reform movement.

Moving consistently from critique to action, the book explores the political economy of the media, illuminating its major flashpoints and controversies by locating them in the political economy of U.S. capitalism. It deals with issues such as the declining quality of journalism, the question of bias, the weakness of the public broadcasting sector, and the limits and possibilities of antitrust legislation in regulating the media. It points out the ways in which the existing media system has become a threat to democracy, and shows how it could be made to serve the interests of the majority.

McChesney's "Rich Media, Poor Democracy" was hailed as a pioneering analysis of the way in which media had come to serve the interests of corporate profit rather than public enlightenment and debate. Bill Moyers commented, "If Thomas Paine were around, he would have written this book." The Problem of the Media is certain to be a landmark in media studies, a vital resource for media activism, and essential reading for concerned scholars and citizens everywhere.

The modern world has been subject to information and communication technology penetration at an unprecedented level. While the early battles over Internet regulation have largely subsided, the debate around who regulates and when, remains strong. In a thoroughly revised second edition of this well-regarded book, Andrej Savin provides a detailed overview of EU Internet regulation in all its key areas, as well as giving a critical evaluation of EU policy-making and governance. This new edition covers the latest developments in the case law of the Court of Justice of the European Union, covering the multitude of issues that have recently been considered by the Court. It also discusses pending proposals in telecommunications, copyright and privacy laws as well as the new regulatory directions signalled by the Commission's 2015 strategy document. The book begins with a detailed examination of the constitutional context within which the Internet is regulated and the various policy documents that have informed this regulation over the years. It then examines key issues in Internet regulation, including electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, and criminal regulation. The EU has played a crucial role in Internet regulation in Member States and occupies a unique position of global influence in this fast-evolving area of governance. EU Internet Law will be of interest to academics, students, and practitioners across the EU and beyond.

Title 47 presents regulations impacting equipment, carrier services, broadcast radio services, safety and special radio services, and policies related to national security. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Title 47 presents regulations impacting equipment, carrier services, broadcast radio services, safety and special radio services, and policies related to national security. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Title 47 presents regulations impacting equipment, carrier services, broadcast radio services, safety and special radio services, and policies related to national security. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, which have transformed the way in which copyright works can be used and re-used, spanning from digital learning methods, to mass digitization initiatives, media monitoring services, image transformation tools or content-mining technologies. The lawfulness and legitimacy of such innovative services and business methods, that arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains diverse, yet specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. In addition, defendants may also deny liability by attacking one or more of the elements of infringement, by bringing forward for instance claims negating copyright subsistence or the scope of copyright protection. Because the fourth industrial revolution comes with the promise of innovation and business growth, which are stated objectives of EU copyright, it invites an examination of defensive rules as an organic whole. This book adopts such a holistic approach in its exploration of the limits of permissibility under EU copyright, including not only legislatively mentioned exceptions and limitations but also doctrinal principles and external to copyright rules with a view to unveil possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, and case law from the Court of Justice, and bringing insights from an extensive set of national laws and cases, this book tells the story of copyright from the perspective of copyright defences, offering both positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.

The Internet is often described as a "network of networks" because it is not a single physical entity, but hundreds of thousands of interconnected networks linking hundreds of millions of computers around the world. As such, the Internet is international, decentralised, and comprised of networks and infrastructure largely owned and operated by private sector entities. As the Internet grows and becomes more pervasive in all aspects of modern society, the question of how it should be governed becomes more pressing. This book reviews the issues, the management, and future of internet governance.

The book examines the extent to which Chinese cyber and network security laws and policies act as a constraint on the emergence of Chinese entrepreneurialism and innovation. Specifically, how the contradictions and tensions between data localisation laws (as part of Network Sovereignty policies) affect innovation in artificial intelligence (AI). The book surveys the globalised R&D networks, and how the increasing use of open-source platforms by leading Chinese AI firms during 2017-2020, exacerbated the apparent contradiction between Network Sovereignty and Chinese innovation. The drafting of the Cyber Security Law did not anticipate the changing nature of globalised AI innovation. It is argued that the deliberate deployment of what the book refers to as 'fuzzy logic' in drafting the Cyber Security Law allowed regulators to subsequently interpret key terms regarding data in that Law in a fluid and flexible fashion to benefit Chinese innovation.

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work's novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

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

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

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

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

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

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

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

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