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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
This is the first textbook introducing law to computer scientists. The book covers privacy and data protection law, cybercrime, intellectual property, private law liability and legal personhood and legal agency, next to introductions to private law, public law, criminal law and international and supranational law. It provides an overview of the practical implications of law, their theoretical underpinnings and how they affect the study and construction of computational architectures. In a constitutional democracy everyone is under the Rule of Law, including those who develop code and systems, and those who put applications on the market. It is pivotal that computer scientists and developers get to know what law and the Rule of Law require. Before talking about ethics, we need to make sure that the checks and balances of law and the Rule of Law are in place and complied with. Though it is focused on European law, it also refers to US law and aims to provide insights into what makes law, law, rather than brute force or morality, demonstrating the operations of law in a way that has global relevance. This book is geared to those who have no wish to become lawyers but are nevertheless forced to consider the salience of legal rights and obligations with regard to the construction, maintenance and protection of computational artefacts. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
This book on smart grid security is meant for a broad audience from managers to technical experts. It highlights security challenges that are faced in the smart grid as we widely deploy it across the landscape. It starts with a brief overview of the smart grid and then discusses some of the reported attacks on the grid. It covers network threats, cyber physical threats, smart metering threats, as well as privacy issues in the smart grid. Along with the threats the book discusses the means to improve smart grid security and the standards that are emerging in the field. The second part of the book discusses the legal issues in smart grid implementations, particularly from a privacy (EU data protection) point of view.
Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.
Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.
The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.
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.
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.
The development of new technologies places new challenges to the interpretation and implementation of legislation in the information society. The recent deployment of service-oriented computing and cloud computing for online commercial activities has urged countries to amend existing legislation and launch new regulations. With the exponential growth of international electronic commercial transactions, a consistent global standard of regulating the legal effects of electronic communications, the protection of data privacy security and the effectiveness of Internet-related dispute resolution are motivating factors to build users' trust and confidence in conducting cross-border business and their sharing information online. The second edition of this book continues taking a 'solutions to obstacles' approach and analyses the main legal obstacles to the establishment of trust and confidence in undertaking business online. In comparing the legislative frameworks of e-commerce in the EU, US, China and International Organisations, the book sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to current technological developments. It specifically provides information on the key legal challenges caused by the increasing popularity of service-oriented computing and cloud computing as well as the growing number of cross-border transactions and its relation to data privacy protection, Internet jurisdiction, choice of law and online dispute resolution. It considers how greater legal certainty can be achieved in cloud computing service contracts and other agreements resulted in service-oriented computing. The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study. It will be of great value to legislators, politicians, practitioners, scholars, businesses, individuals, postgraduate and undergraduate students. It provides in-depth research into finding solutions to remove eight generic legal obstacles in electronic commercial transactions and offers insights into policy making, law reforms, regulatory developments and self-protection awareness.
The internet has the potential to increase the number of cross-border disputes between a wide range of different users. For many internet disputes, the use of Online Dispute Resolution (ODR) becomes critical. ODR uses information technology (such as expert systems) and internet communication applications (such as webforms or web filing platforms) to resolve disputes outside the courts. Although ODR is a progeny of ADR, using some of the same processes such as mediation and arbitration, ODR is also different in that it adds new and transformative technology and processes. This book, first published in 2009, sets out the process standards with which ODR, and in particular online arbitration, should comply and shows how these standards can be implemented in the real world. It considers applicable law and enforcement, thus providing a blueprint of how online arbitration processes should be devised.
European broadcasting policy has attracted attention from many disciplines because it has dual nature: cultural and commercial. This book offers a detailed treatment of European broadcasting law, set against an overview of policy in this area. In this respect the authors identify tensions within the EU polity as regards the appropriate level, purpose and mechanism of broadcast regulation. Key influences are problems of competence, the impact of changing technology and the consequences of increasing commercialisation. Furthermore, the focus of the analysis is on the practical implications of the legal framework on viewers, and the authors distinguish both between citizen and consumer and between the passive and active viewer. The underlying question is the extent to which those most in need of protection by regulation, given the purpose of broadcasting, are adequately protected.
Which state has and should have the right and power to regulate sites and online events? Who can apply their defamation or contract law, obscenity standards, gambling or banking regulation, pharmaceutical licensing requirements or hate speech prohibitions to any particular Internet activity? Traditionally, transnational activity has been 'shared out' between national sovereigns with the aid of location-centric rules which can be adjusted to the transnational Internet. But can these allocation rules be stretched indefinitely, and what are the costs for online actors and for states themselves of squeezing global online activity into nation-state law? Does the future of online regulation lie in global legal harmonisation or is it a cyberspace that increasingly mirrors the national borders of the offline world? This 2007 book offers some uncomfortable insights into one of the most important debates on Internet governance.
It’s been ten years since open data first broke onto the global stage. Over the past decade, thousands of programmes and projects around the world have worked to open data and use it to address a myriad of social and economic challenges. Meanwhile, issues related to data rights and privacy have moved to the centre of public and political discourse. As the open data movement enters a new phase in its evolution, shifting to target real-world problems and embed open data thinking into other existing or emerging communities of practice, big questions still remain. How will open data initiatives respond to new concerns about privacy, inclusion, and artificial intelligence? And what can we learn from the last decade in order to deliver impact where it is most needed? The State of Open Data brings together over 60 authors from around the world to address these questions and to take stock of the real progress made to date across sectors and around the world, uncovering the issues that will shape the future of open data in the years to come.
Providing a scholarly analysis of how to govern and make the right
kinds of laws for cyberspace, in this work, Professor Reed
investigates the vast majority of cyberspace users who wish to act
lawfully and asks whether the current state of law in cyberspace
makes it possible for them to do so. If not, why not, and what is
the cure?
"He was the most important scholar of privacy since Louis Brandeis."--Jeffrey Rosen "No work about privacy had done such a thorough job . . . in elucidating the meaning and importance of privacy."--Daniel Solove In defining privacy as "the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated," "Privacy and Freedom" (1967) laid the philosophical groundwork for current debates about technology and personal freedom, and is considered a foundational text in the field of privacy law. Alan Westin (1929-2013) was a professor of public law and
government at Columbia University for almost forty years. Through
his work--notably his book "Privacy and Freedom"--Westin is
considered to have created, almost single-handedly, the modern
field of privacy law.
The common fallacy regarding cyberspace is that the Internet is a new jurisdiction, in which none of the existing rules and regulations apply. However, all the actors involved in an Internet transaction live in one or more existing jurisdictions, so rather than being unregulated, the Internet is arguably highly regulated. Worse, much of this law and regulation is contradictory and difficult, or impossible, to comply with. This 2004 book takes a global view of the fundamental legal issues raised by the advent of the Internet as an international communications mechanism. Legal and other materials are integrated to support the discussion of how technological, economic and political factors are shaping the law governing the Internet. Global trends in legal issues are addressed and the effectiveness of potential mechanisms for legal change that are applicable to Internet law are also examined. Of interest to students and practitioners in computer and electronic commerce law.
As identity theft and corporate data vulnerability continue to
escalate, corporations must protect both the valuable consumer data
they collect and their own intangible assets. Both Congress and the
states have passed laws to improve practices, but the rate of data
loss persists unabated and companies remain slow to invest in
information security. Engaged in a bottom-up investigation,
"Harboring Data" reveals the emergent nature of data leakage and
vulnerability, as well as some of the areas where our current
regulatory frameworks fall short.
Terrorism. Why does this word grab our attention so? Propaganda machines have adopted modern technology as a means to always have their content available. Regardless of the hour or time zone, information is being shared by somebody, somewhere. Social media is a game changer influencing the way in which terror groups are changing their tactics and also how their acts of terror are perceived by the members of the public they intend to influence. This book explores how social media adoption by terrorists interacts with privacy law, freedom of expression, data protection and surveillance legislation through an exploration of the fascinating primary resources themselves, covering everything from the Snowden Leaks, the rise of ISIS to Charlie Hebdo. The book also covers lesser worn paths such as the travel guide that proudly boasts that you can get Bounty and Twix bars mid-conflict, and the best local hair salons for jihadi brides. These vignettes, amongst the many others explored in this volume bring to life the legal, policy and ethical debates considered in this volume, representing an important part in the development of understanding terrorist narratives on social media, by framing the legislative debate. This book represents an invaluable guide for lawyers, government bodies, the defence services, academics, students and businesses.
Social media has many advantages for professional communication - but it also carries considerable risks, including legal pitfalls. This book equips students and communication professionals with the knowledge and skills to help minimise the risks that can arise when they post or host on social media. It offers them strategies for taking advantage of the opportunities of social media while also navigating the ethical, legal, and organisational risks that can lead to audience outrage, brand damage, expensive litigation and communication crises. The book uses stakeholder theory and risk analysis tools to anticipate, identify, address and balance these opportunities and risks. It takes a global approach to risk and social media law, drawing on fascinating case studies from key international jurisdictions to explain and illustrate the basic principles. Whether you are a corporate communicator, social media manager, journalist, marketer, blogger or student you will find this book an essential addition to your professional library as the first reference point when social media and legal risks arise.
This supplemental text on PR law is intended to be used with other mass communication textbooks. It is intended for the mass communication law course, which is a mainstay (although not always required course) in all accredited programs in mass communication, journalism, broadcasting, telecommunications, public relations, mass media, and related curricula.
When people think of hackers, they usually think of a lone wolf acting with the intent to garner personal data for identity theft and fraud. But what about the corporations and government entities that use hacking as a strategy for managing risk? Why Hackers Win asks the pivotal question of how and why the instrumental uses of invasive software by corporations and government agencies contribute to social change. Through a critical communication and media studies lens, the book focuses on the struggles of breaking and defending the "trusted systems" underlying our everyday use of technology. It compares the United States and the European Union, exploring how cybersecurity and hacking accelerate each other in digital capitalism, and how the competitive advantage that hackers can provide corporations and governments may actually afford new venues for commodity development and exchange. Presenting prominent case studies of communication law and policy, corporate hacks, and key players in the global cybersecurity market, the book proposes a political economic model of new markets for software vulnerabilities and exploits, and clearly illustrates the social functions of hacking.
This cumulative supplement to The Law of Freedom of Information covers all key developments in the subject up to June 2005. It is an essential purchase for all who already own the main work, and maintains its currency. The supplement updates the main work paragraph by paragraph, following the same structure as the main work. It includes full analysis of the guidance issued by the Department for Constitutional Affairs in October 2004 and the current awareness guidance and policy development documents issued by the Information Commissioner. The authors also examine the first decisions of the Commissioner and the decisions of the Ombudsman including her ruling on the disclosure of the advice given by the Attorney General on the legality of the war with Iraq. In addition, the supplement covers recent decisions from the USA, Canada, New Zealand, Australia and Ireland, as well as UK decisions on data protection and confidentiality. The comprehensive, analytical approach of the main work provides the complete reference volume for practitioners advising on the relevant legislation: those working within or advising the myriad public bodies upon which the Freedom of Information Act 2000 imposes new duties regarding the disclosure and handling of information; those advising clients with a personal, professional or commercial interest in obtaining information from those newly obliged to provide it; and those in the business community for whom the Act raises important concerns about the potential accessibility of commercially sensitive information The supplement and the main work are also available as a pack (ISBN 0199288054: GBP180.00).
The ideal of an inclusive and participatory Internet has been undermined by the rise of misogynistic abuse on social media platforms. However, limited progress has been made at national - and to an extent European - levels in addressing this issue. In England and Wales, the tackling of underlying causes of online abuse has been overlooked because the law focuses on punishment rather than measures to prevent such abuses. Furthermore, online abuse has a significant impact on its victims that is underestimated by policymakers. This volume critically analyses the legal provisions that are currently deployed to tackle forms of online misogyny, and focuses on three aspects; firstly, the phenomenon of social media abuse; secondly, the poor and disparate legal responses to social media abuses; and thirdly, the similar failings of hate crime to tackle problems of online gender-based abuses. This book advances a compelling argument for legal changes to the existing hate crime, and communications legislation.
This book includes detailed coverage of intellectual property, contract, encryption and liability issues, including allocation of domain names, use of metatags and other forms of search engine optimization, digital signatures and the position of ISPs and other intermediaries. There are case studies on electronic conveyancing and e-taxation. Though the book is written from a UK perspective, comparative material is included from other jurisdictions, including America and Singapore in particular.
Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting. |
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