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.

Dramatic and controversial changes in the funding of science over the past two decades, towards its increasing commercialization, have stimulated a huge literature trying to set out an "economics of science". Whether broadly in favour or against these changes, the vast majority of these frameworks employ ahistorical analyses that cannot conceptualise, let alone address, the questions of "why have these changes occurred?" and "why now?" Nor, therefore, can they offer much insight into the crucial question of future trends. Given the growing importance of science and innovation in an age of both a globalizing knowledge-based economy (itself in crisis) and enormous challenges that demand scientific and technological responses, these are significant gaps in our understanding of important contemporary social processes. This book argues that the fundamental underlying problem in all cases is the ontological shallowness of these theories, which can only be remedied by attention to ontological presuppositions. Conversely, a critical realist approach affords the integration of a realist political economy into the analysis of the economics of science that does afford explicit attention to these crucial questions; a 'cultural political economy of research and innovation' (CPERI). Accordingly, the book sets out an introduction to the existing literature on the economics of science together with novel discussion of the field from a critical realist perspective. In arguing thus across levels of abstraction, however, the book also explores how concerted engagement with substantive social enquiry and theoretical debate develops and strengthens critical realism as a philosophical project, rather than simply 'applying' it. While the first of these two volumes argues how mainstream economics is inadequate to the task of an explanatory and critical 'economics of science', the challenge in this second volume is to examine the strengths and weaknesses of disciplines offering more promising starting points. Two social scientific disciplines are particularly promising candidates, starting from 'economy' or 'science', namely heterodox political economy and science & technology studies respectively. Synthesising these into an 'economics of science', however, still encounters considerable hurdles, in that there remain some fundamental and mutual philosophical incompatibilities. Formulating an 'economics of science' thus demands that both 'economics' and 'science' be redefined. The book explores how a critical realist approach affords some common ground upon which this productive synthesis may be pursued, in the form of a cultural political economy of research and innovation (CPERI).

States increasingly delegate regulatory and police functions to Internet intermediaries. The delegation is achieved by providing an incentive in the form of conditional liability exemptions. In the EU, the exemptions enshrined in the E-Commerce Directive effectively require intermediaries to police online content if they wish to maintain immunity regarding third party content. Such an approach results in delegated private enforcement that may lead to interference with the right to freedom of expression. Involving intermediaries in content regulation may be inevitable. The legal framework, on which it is based, however, should come equipped with safeguards that ensure effective protection of the right to freedom of expression.This book analyses the positive obligation of the European Union to introduce safeguards for freedom of expression when delegating the realisation of public policy objectives to Internet intermediaries.It also identifies and describes the safeguards that should be implemented in order to better protect freedom of expression.In a time when these issues are of particular relevance, Intermediary liability and freedom of expression in the EU provides the reader with a broader perspective on the problem of delegated regulation of expression on theInternet. It also provides the reader with up-to-date information on the discussions in the EU.

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.

Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker. Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law. By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls "plan-like architectures," endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets.

The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring presents new findings and perspectives from leading international scholars on several emerging areas issues in legal and economic research. The collection contains new theoretical papers on privacy, the protection of personal data, the use of regulatory monitoring under legal standards versus rules, a study of the properties of market efficiency in securities fraud litigation, as well as an analysis of non-exclusionary price floors. It also contains an empirical paper on the relationship between uncertainty of patent approval of artificial intelligence applications and the Supreme Court's decision in Alice Corp. v. CLS Bank International. Finally, the volume features a law-and-economics assessment of the Chinese financial system within the context of the trade-off between centralized control and rapid growth. This 30th volume of Research in Law and Economics showcases the cutting edge theoretical and empirical findings for researchers and professionals considering these complex issues intersecting law, technology, and economics.

In The Future of Change, Ray Brescia identifies a series of "social innovation moments" in American history. Through these moments-during which social movements have embraced advances in communications technologies-he illuminates the complicated, dangerous, innovative, and exciting relationship between these technologies, social movements, and social change. Brescia shows that, almost without fail, developments in how we communicate shape social movements, just as those movements change the very technologies themselves. From the printing press to the television, social movements have leveraged communications technologies to advance change. In this moment of rapidly evolving communications, it's imperative to assess the role that the Internet, mobile devices, and social media can play in promoting social justice. But first we must look to the past, to examples of movements throughout American history that successfully harnessed communications technology, thus facilitating positive social change. Such movements embraced new communications technologies to help organize their communities; to form grassroots networks in order to facilitate face-to-face interactions; and to promote positive, inclusive messaging that stressed their participants' shared dignity and humanity. Using the past as prologue, The Future of Change provides effective lessons in the use of communications technology so that we can have the best communicative tools at our disposal-both now and in the future.

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.

This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.

Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found that 70 per cent of organisations surveyed had suffered a data breach in the previous year.
Privacy impact assessment is a tool, a process, a methodology to identify, assess, mitigate or avoid privacy risks and, in collaboration with stakeholders, to identify solutions.
Contributors to this book privacy commissioners, academics, consultants, practitioners, industry representatives are among the world s leading PIA experts. They share their experience and offer their insights to the reader in the policy and practice of PIA in Australia, Canada, New Zealand, the United Kingdom, the United States and elsewhere.
This book, the first such on privacy impact assessment, will be of interest to any organisation that collects or uses personal data and, in particular, to regulators, policy-makers, privacy professionals, including privacy, security and information officials, consultants, system architects, engineers and integrators, compliance lawyers and marketing professionals.
In his Foreword, surveillance studies guru Gary Marx says, This state-of-the-art book describes the most comprehensive tool yet available for policy-makers to evaluate new personal data information technologies before they are introduced. This book could save your organisation many thousands or even millions of euros (or dollars) and the damage to your organisation s reputation and to the trust of employees, customers or citizens if it suffers a data breach that could have been avoided if only it had performed a privacy impact assessment before deploying a new technology, product, service or other initiative involving personal data.
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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.

This book examines how cloud-based services challenge the current application of antitrust and privacy laws in the EU and the US. The author looks at the elements of data centers, the way information is organized, and how antitrust, competition and privacy laws in the US and the EU regulate cloud-based services and their market practices. She discusses how platform interoperability can be a driver of incremental innovation and the consequences of not promoting radical innovation. She evaluates applications of predictive analysis based on big data as well as deriving privacy-invasive conduct. She looks at the way antitrust and privacy laws approach consumer protection and how lawmakers can reach more balanced outcomes by understanding the technical background of cloud-based services.

This is the first book-length treatment of the advancement of EU global data flows and digital trade through the framework of European institutionalisation. Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play. It illustrates how the EU has pioneered high standards in data flows and how it engages in significant digital trade reforms, committed to those standards. The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to two of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.

This book is about the human factor in cybercrime: its offenders, victims and parties involved in tackling cybercrime. It takes a diverse international perspective of the response to and prevention of cybercrime by seeking to understand not just the technological, but the human decision-making involved. This edited volume represents the state of the art of research on the human factor in cybercrime, addressing its victims, offenders, and policing. It originated at the Second annual Conference on the Human Factor in Cybercrime, held in The Netherlands in October 2019, bringing together empirical research from a variety of disciplines, and theoretical and methodological approaches. This volume will be of particular interest to researchers and students in cybercrime and the psychology of cybercrime, as well as policy makers and law enforcement interested in prevention and detection.

This book tracks and critiques the impact of the internet in Africa. It explores the legal policy implications of, and legal responses to, the internet in matters straddling human rights, development, trade, criminal law, intellectual property, and social justice from the perspective of several African countries and the region. Well-known and emerging African scholars consider whether access to the internet is a human right, the implications on the right to privacy, e-commerce, cybercrime, the opportunities and dangers of admitting electronic evidence, the balancing of freedom of expression with the protection of intellectual property, and how different African legal systems address this tension. This book will be an invaluable resource for a wide range of stakeholders, including researchers, scholars and postgraduate students; policymakers and legislators; lawyers and judicial officers; crime-fighting agencies; national human rights institutions; civil society organisations; international and regional organisations; and human rights monitoring bodies.

This exceptional new text offers an up-to-date and integrated approach to communication law. Written by two practicing attorneys with extensive experience teaching the communication law course, "Law for Advertising, Broadcasting, Journalism, and Public Relations" covers the areas of communication law essential and most relevant for readers throughout the communication curriculum. Its integrated approach will serve students and practitioners in advertising and public relations as well as those in journalism and electronic media.
Providing background to help readers understand legal concepts, this comprehensive communication law text includes an introduction to the legal system; covers legal procedures, structures, and jurisdictions; discusses the First Amendment and electronic media regulations; and considers issues of access. Additional material includes: *intellectual property law; *employment and agency law, with explanations of how these laws create obligations for mass communication professionals and their employees; *commercial communication laws; and *special laws and regulations that impact reporters, public relations practitioners, and advertisers who deal with stock sales.
Special features of this text include:
*Magic Words and Phrases--defining legal terms;
*Cases--illustrating key points in each chapter;
*Practice Notes--highlighting points of particular interest to professional media practices;
*Instructions on finding and briefing cases, with a sample brief; and
*Examples of legal documents and jury instructions.
This text is intended as an introduction to communication law for students and practitioners in mass communication, journalism, advertising, broadcasting, telecommunications, and public relations.

In the past decade, artificial intelligence (AI) has become a disruptive force around the world, offering enormous potential for innovation but also creating hazards and risks for individuals and the societies in which they live. This volume addresses the most pressing philosophical, ethical, legal, and societal challenges posed by AI. Contributors from different disciplines and sectors explore the foundational and normative aspects of responsible AI and provide a basis for a transdisciplinary approach to responsible AI. This work, which is designed to foster future discussions to develop proportional approaches to AI governance, will enable scholars, scientists, and other actors to identify normative frameworks for AI to allow societies, states, and the international community to unlock the potential for responsible innovation in this critical field. This book is also available as Open Access on Cambridge Core.

Chapter 1 INTRODUCTION 1. 1 Research Objective 1 The modern State is unlikely to be the end configuration of organized political life. Throughout history, both the nature and manifestation of political organization have continuously adapted to the specific needs of the age. Despite the natural tendency of organizations to retain a certain status quo, there is no reason to suggest that the dominant form of political organization, the State, has lost the ability to adapt to changing circumstances. Today's needs are shaped by a process of glob- ization increasing the level of transnational interdependence between actors in terms of social, economic and political activity. As such, this process is likely to inform the next transformation of organized political life. This inquiry sets out to shed some light on the consequences of this transformation for the modern State in the view of its constitutional commitments and responsibilities using the Internet's - terdependency-imposing nature as foundation for the inquiry. In investigating the way in which traditional public commitments and responsibilities take shape on the Internet, this inquiry aims to further our understanding of how globalization inf- ences decision making in the public interest. The vast amount of literature on the effects of globalization on the State roughly divides into three categories. The first strand of literature stresses the economic dimension of globalization.

While the digital revolution has touched every aspect of law librarianship, perhaps nowhere has the effect been more profound than in the area of collection development. Many of the materials law libraries traditionally collected in print form are now available in electronic format.
Digital technology has affected the way we select, order, and process legal materials. The World Wide Web has created an explosion of both commercial and private online publishing. The cost of electronic publishing has caused many traditional law book publishers to sell their companies rather than invest in the needed technologies to compete in the 21st century. Small publishers and book jobbers have been forced to reinvent themselves. The amount of legal information available and its costs continue to soar. Law Library Collection Development in the Digital Age deals with these and other issues related to law library collection development. Chapters range from the theoretical to the practical.
Inspired by Penny Hazleton's seminal paper ?How Much of Your Print Collection is Really on Lexis or Westlaw?? the editors and chapter authors of Law Library Collection Development in the Digital Age endeavor to expand on professor Hazleton's work, with examinations of: the role of law libraries in strategic planning for distance learning Web mirror sites trust vs. antitrust issues access vs. ownership issues how law libraries deal with electronic court records, dockets, and filings the growth of e-journals as they relate to legal publishing how the Hein Greenslips and Blackwell North America's Bookservice cover legal materials past, present, and future roles of specialized book jobbers and more! Anyoneinterested in law librarianship or the information industry will find this book informative and useful. Make it a part of your professional collection today.

While the digital revolution has touched every aspect of law librarianship, perhaps nowhere has the effect been more profound than in the area of collection development. Many of the materials law libraries traditionally collected in print form are now available in electronic format.
Digital technology has affected the way we select, order, and process legal materials. The World Wide Web has created an explosion of both commercial and private online publishing. The cost of electronic publishing has caused many traditional law book publishers to sell their companies rather than invest in the needed technologies to compete in the 21st century. Small publishers and book jobbers have been forced to reinvent themselves. The amount of legal information available and its costs continue to soar. Law Library Collection Development in the Digital Age deals with these and other issues related to law library collection development. Chapters range from the theoretical to the practical.
Inspired by Penny Hazleton's seminal paper ?How Much of Your Print Collection is Really on Lexis or Westlaw?? the editors and chapter authors of Law Library Collection Development in the Digital Age endeavor to expand on professor Hazleton's work, with examinations of: the role of law libraries in strategic planning for distance learning Web mirror sites trust vs. antitrust issues access vs. ownership issues how law libraries deal with electronic court records, dockets, and filings the growth of e-journals as they relate to legal publishing how the Hein Greenslips and Blackwell North America's Bookservice cover legal materials past, present, and future roles of specialized book jobbers and more! Anyoneinterested in law librarianship or the information industry will find this book informative and useful. Make it a part of your professional collection today.

This book provides a comparison and practical guide of the data protection laws of Canada, China (Hong Kong, Macau, Taiwan), Laos, Philippines, South Korea, United States and Vietnam. The book builds on the first book Data Protection Law. A Comparative Analysis of Asia-Pacific and European Approaches, Robert Walters, Leon Trakman, Bruno Zeller. As the world comes to terms with Artificial Intelligence (AI), which now pervades the daily lives of everyone. For instance, our smart or Iphone, and smart home technology (robots, televisions, fridges and toys) access our personal data at an unprecedented level. Therefore, the security of that data is increasingly more vulnerable and can be compromised. This book examines the interface of cyber security, AI and data protection. It highlights and recommends that regulators and governments need to undertake wider research and law reform to ensure the most vulnerable in the community have their personal data protected adequately, while balancing the future benefits of the digital economy.

This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.