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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
Blockchain Technology and the Law: Opportunities and Risks is one of the first texts to offer a critical analysis of Blockchain and the legal and economic challenges faced by this new technology. This book will offer those who are unfamiliar with Blockchain an introduction as to how the technology works and will demonstrate how a legal framework that governs it can be used to ensure that it can be successfully deployed. Discussions included in this book: - an introduction to smart contracts, and their potential, from a commercial and consumer law perspective, to change the nature of transactions between parties; - the impact that Blockchain has already had on financial services, and the possible consumer risks and macro-economic issues that may arise in the future; - the challenges that are facing global securities regulators with the development of Initial Coin Offerings and the ongoing risks that they pose to the investing public; - the risk of significant privacy breaches due to the online public nature of Blockchain; and - the future of Blockchain technology. Of interest to academics, policy-makers, technology developers and legal practitioners, this book will provide a thorough examination of Blockchain technology in relation to the law from a comparative perspective with a focus on the United Kingdom, Canada and the United States.
How will law, regulation and ethics govern a future of fast-changing technologies? 'From current controversies over Internet content, privacy and radicalisation, to science fiction and Black Mirror visions of the future, pervasive fears exist that technology inevitably outpaces law and social control' 'Future Law' responds to these fears by exploring how law and ethics can foresee and control new technologies that challenge our societal norms and expectations. Bringing together cutting-edge authors from academia, legal practice and the technology industry, this book explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change.
This work provides detailed coverage of the current state of international treaty law in respect of copyright issues relating to the Internet and E-commerce. The centre-piece of the book is an article-by-article analysis of the two key World Intellectual Property Organisation (WIPO) treaties tackling the subject: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, both negotiated primarily as a response to technological developments such as the Internet. It also includes detailed comparative material showing how the WIPO treaties are being implemented elsewhere in the world, and in particular how the EU, Japan and the US are responding to these key issues. This includes analysis of the key EU Directive on Copyright and Related Rights in the Information Society, which is intended to roll out protection across Europe for copyright holders operating in the digital arena.
The information revolution has transformed both modern societies and the way in which they conduct warfare. Cyber Warfare and the Laws of War analyses the status of computer network attacks in international law and examines their treatment under the laws of armed conflict. The first part of the book deals with the resort to force by states and discusses the threshold issues of force and armed attack by examining the permitted responses against such attacks. The second part offers a comprehensive analysis of the applicability of international humanitarian law to computer network attacks. By examining the legal framework regulating these attacks, Heather Harrison Dinniss addresses the issues associated with this method of attack in terms of the current law and explores the underlying debates which are shaping the modern laws applicable in armed conflict.
The Radio Act of August 13, 1912, provided for the licensing of radio operators and transmitting stations for nearly 15 years until Congress passed the Radio Act of 1927. From 1921 to 1927, there were continual revisions and developments and these still serve as the basis for current broadcast regulation. This book chronicles that crucial six-year period using primary documents. The administrative structure of the Department of Commerce and the personnel involved in the regulation of broadcasting are detailed. The book is arranged chronologically in three sections: Broadcast Regulation and Policy from 1921 to 1925; Congestion and the Beginning of Regulatory Breakdown in 1924 and 1925; and Regulatory Breakdown and the Passage of the Act of 1927. There is also discussion of the Department of Commerce divisions and their involvement until they were absorbed by the Federal Communication Commission. A bibliography and an index conclude the work.
This handbook provides a comprehensive treatise of the concepts and nature of technology-facilitated gendered violence and abuse, as well as legal, community and activist responses to these harms. It offers an inclusive and intersectional treatment of gendered violence including that experienced by gender, sexuality and racially diverse victim-survivors. It examines the types of gendered violence facilitated by technologies but also responses to these harms from the perspectives of victim advocates, legal analyses, organisational and community responses, as well as activism within civil society. It is unique in its recognition of the intersecting drivers of inequality and marginalisation including misogyny, racism, colonialism and homophobia. It draws together the expertise of a range of established and globally renowned scholars in the field, as well as survivor-advocate-scholars and emerging scholars, lending a combination of credibility, rigor, currency, and innovation throughout. This handbook further provides recommendations for policy and practice and will appeal to academics and students in Criminology, Criminal Justice, Law, Socio-Legal Studies, Politics, as well as Women's and/or Gender Studies.
Cybersecurity is a leading national problem for which the market may fail to produce a solution. The ultimate source of the problem is that computer owners lack adequate incentives to invest in security because they bear fully the costs of their security precautions but share the benefits with their network partners. In a world of positive transaction costs, individuals often select less than optimal security levels. The problem is compounded because the insecure networks extend far beyond the regulatory jurisdiction of any one nation or even coalition of nations. Originally published in 2006, this book brings together the views of leading law and economics scholars on the nature of the cybersecurity problem and possible solutions to it. Many of these solutions are market based, but they need some help, either from government or industry groups, or both. Indeed, the cybersecurity problem prefigures a host of twenty-first-century problems created by information technology and the globalization of markets.
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.
The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.
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.
Investigating Computer Crime presents practical methods for gathering electronic evidence and dealing with crimes involving computers. Based on material gathered from hundreds of investigators all over the world, it contains an incredible amount of practical, directly applicable information. It follows a step-by-step approach to the investigation, seizure, and evaluation of computer evidence. The material in the book has been used at the Federal Law Enforcement Training Center and the Canadian Police College for teaching computer classes in white collar crime and sex crime investigations and by U.S. Army Intelligence in cooperation with NATO in Europe. It has also been used to teach a one-week course in computer crime investigation to agents from the IRS, Secret Service, and state and local agencies.
This book addresses current issues regarding the ethical use of information technology in a holistic vision, by combining the perspectives of education specialists and those in the field of computer science at the level of higher education. It provides a current ethical perspective on the problems and solutions involved in the use of information technology in higher education. It appeals to readers interested in exploring the problems and appropriate solutions related to the ethical use of new technologies in higher education.
Funksysteme bilden zunehmend die Grundlage von Kommunikation, privat ebenso wie in Industrie und Wirtschaft. Von WLAN bis zur Satellitenkommunikation mussen die Kommunikations-, Navigations- und Rundfunksatelliten und ihre Bodenanlagen national und international regulatorisch koordiniert werden. Das Buch beschreibt anschaulich das Prozedere einer Funkanmeldung, eroertert Beispiele von Satellitenprojekten und zeigt Wege auf, wie das endliche Spektrum effektiv genutzt werden kann, damit auch in Zukunft weitere Systeme zugelassen werden koennen.
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 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.
Cybersecurity is a leading national problem for which the market may fail to produce a solution. The ultimate source of the problem is that computer owners lack adequate incentives to invest in security because they bear fully the costs of their security precautions but share the benefits with their network partners. In a world of positive transaction costs, individuals often select less than optimal security levels. The problem is compounded because the insecure networks extend far beyond the regulatory jurisdiction of any one nation or even coalition of nations. Originally published in 2006, this book brings together the views of leading law and economics scholars on the nature of the cybersecurity problem and possible solutions to it. Many of these solutions are market based, but they need some help, either from government or industry groups, or both. Indeed, the cybersecurity problem prefigures a host of twenty-first-century problems created by information technology and the globalization of markets.
Our society has a technology problem. Many want to disconnect from screens but can't help themselves. These days we spend more time online than ever. Some turn to self-help-measures to limit their usage, yet repeatedly fail, while parents feel particularly powerless to help their children. Unwired: Gaining Control over Addictive Technologies shows us a way out. Rather than blaming users, the book shatters the illusion that we autonomously choose how to spend our time online. It shifts the moral responsibility and accountability for solutions to corporations. Drawing lessons from the tobacco and food industries, the book demonstrates why government regulation is necessary to curb technology addiction. It describes a grassroots movement already in action across courts and legislative halls. Groundbreaking and urgent, Unwired provides a blueprint to develop this movement for change, to one that will allow us to finally gain control.
Everyone is talking about fintech, and they're usually saying good things. Driverless Finance provides a balance to that conversation, exploring the threats that different fintech innovations pose for our financial system. With in-depth and accessible descriptions of new financial technologies and business models - ranging from distributed ledgers to machine learning, cryptoassets to robo-investing - this book allows readers to think more critically about fintech, and about how the law should respond to it. This book highlights the increased speed, complexity, and coordination inherent in new fintech innovations, and illustrates how these features could come together in a massive financial system failure. It makes the case for a precautionary approach to regulating fintech, erring on the side of caution to avoid a financial crisis that could have irreversible and catastrophic effects for our society. Because neither longstanding regulatory approaches nor experimental new approaches like regulatory sandboxes were designed to address fintech's systemic risks, this book makes several bold new proposals for regulation designed to make fintech-inspired financial crises less likely. These proposals include new forms of disclosure and supervision, new forms of technological tools (known as suptech), and a new licensing regime for financial technologies. This book finishes by situating its discussion of fintech and financial stability in the context of important debates about innovation, expertise, cybersecurity, privacy, competition, and other pressing issues.
Fur neue und kunftige Geschaftsfelder von E-Commerce und E-Government stellen der Datenschutz und der Identitatsschutz wichtige Herausforderungen dar. Renommierte Autoren aus Wissenschaft und Praxis widmen sich in dem Band aktuellen Problemen des Daten- und Identitatsschutzes aus rechtlicher und technischer Perspektive. Sie analysieren aktuelle Problemfalle aus der Praxis und bieten Handlungsempfehlungen an. Das Werk richtet sich an Juristen und technisch Verantwortliche in Behorden und Unternehmen sowie an Rechtsanwalte und Wissenschaftler."
Mark Davison examines several legal models designed to protect databases, and specifically, the E.U. Directive--the history of its adoption and its transposition into national laws. Davison compares the Directive with various American legislative proposals, as well as the principles of misappropriation that are behind them. In addition, the book contains a commentary on the appropriateness of the various models in the context of arguments for international agreement on the topic.
This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland.
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.
Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.
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.
Selected chapters from this book are published open access and free to read or download from Oxford Scholarship Online, https://oxford.universitypressscholarship.com/. Since Digital Dominance was published in 2018, a global consensus has emerged that technology platforms should be regulated. Governments from the United States to Australia have sought to reduce the power of these platforms and curtail the dominance of a few, yet regulatory responses remain fragmented, with some focused solely on competition while others seek to address issues around harm, privacy, and freedom of expression. Regulating Big Tech condenses the vibrant tech policy debate into a toolkit for the policy maker, legal expert, and academic seeking to address one of the key issues facing democracies today: platform dominance and its impact on society. Contributors explore elements of the toolkit through comprehensive coverage of existing and future policy on data, antitrust, competition, freedom of expression, jurisdiction, fake news, elections, liability, and accountability, while also identifying potential policy impacts on global communication, user rights, public welfare, and economic activity. With original chapters from leading academics and policy experts, Regulating Big Tech sets out a policy framework that can address interlocking challenges of contemporary tech regulation and offer actionable solutions for our technological future. |
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