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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
Data not only represent an integral part of the identity of a
person, they also represent, together with other essentials, an
integral part of the identity of a state. Keeping control over such
data is equally important for both an individual and for a state to
retain their sovereign existence. This thought-provoking book
elaborates on the assumption that information privacy is, in its
essence, comparable to information sovereignty. This seemingly
rudimentary observation serves as the basis for an analysis of
various information instruments in domestic and international law.
Information Sovereignty combines a philosophical and methodological
analysis of the phenomena of information, sovereignty and privacy.
Providing insights into previously unexplored parallels between
information privacy and information sovereignty, it examines
cross-border discovery, cybersecurity and cyber-defence operations,
and legal regimes for cross-border data transfers, encompassing
practical discussions from a fresh perspective. In addition, it
offers an accessible overview of complex theoretical matters in the
domain of Internet legal theory and international law and,
crucially, a method to resolve situations where informational
domains of individuals and/or states collide. This pioneering
state-of the-art assessment of information law and legal theory is
a vital resource for students, academics, policy-makers and
practitioners alike, seeking a guide to the phenomena of
information, sovereignty and privacy.
This book focuses on the building of a crypto economy as an
alternative economic space and discusses how the crypto economy
should be governed. The crypto economy is examined in its
productive and financialised aspects, in order to distil the need
for governance in this economic space. The author argues that it is
imperative for regulatory policy to develop the economic governance
of the blockchain-based business model, in order to facilitate
economic mobilisation and wealth creation. The regulatory framework
should cater for a new and unique enterprise organisational law and
the fund-raising and financing of blockchain-based development
projects. Such a regulatory framework is crucially enabling in
nature and consistent with the tenets of regulatory capitalism.
Further, the book acknowledges the rising importance of private
monetary orders in the crypto economy and native payment systems
that do not rely on conventional institutions for value transfer. A
regulatory blueprint is proposed for governing such monetary orders
as 'commons' governance. The rise of Decentralised Finance and
other financial innovations in the crypto economy are also
discussed, and the book suggests a framework for regulatory
consideration in this dynamic landscape in order to meet a balance
of public interest objectives and private interests. By setting out
a reform agenda in relation to economic and financial governance in
the crypto economy, this forward-looking work argues for the
extension of 'regulatory capitalism' to this perceived 'wild west'
of an alternative economic space. It advances the message that an
innovative regulatory agenda is needed to account for the
economically disruptive and technologically transformative
developments brought about by the crypto economy.
The legal issues surrounding the online distribution of content
have recently gained prominence due to the European Commission's
commitment to the Digital Single Market (DSM). This book is one of
the first to provide highly topical analysis of the key legal
challenges surrounding the online distribution of content, with
particular focus on intellectual property rights, competition law
and the regulation of new technologies. Central to the book is the
question of whether the Commission's proposed legislative solutions
will lead to a more coherent, or more fragmented, legal framework
at both EU and member state level. Experts within the field assess
how current legislation can be effectively applied and look ahead
to examine how potential issues raised by emerging technologies,
and the need to develop the online content market beyond the DSM
proposal, can be anticipated and addressed. Providing a
well-rounded view of the subject, this book will be of interest to
scholars working within copyright, competition, and consumer law as
well as those researching the development of the internal market
more widely. Practising lawyers and in-house counsel who work on
licensing and distribution agreements within Europe will also
benefit from the analysis of new DSM legislation and associated
case studies. Contributors include: A. Alen-Savikko, R.M.
Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistoe,
T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M.
Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckstroem
Lindroos
Important and original, this book presents an entirely new way of
understanding Technology - as the successor to the dominant
ideologies that have underpinned the thought and practices of the
West. Like Deity, State and Market, Technology displays the
features of a modern myth, promising to deal with our existential
concerns by creating a fully empowered sense of the individual on
condition of our subjection to it. David Grant and Lyria Bennett
Moses examine the dynamics of each of these ideologies, showing how
Technology shares their mythological characteristics. They argue
that this new myth has not only dominated science to establish its
credentials but, utilising robust empirical evidence, they show how
law has been imbued with mythological thinking. Demonstrating that
law adopts a mythological approach in attempting to regulate
technology, they argue that the pathway out of this mythological
maze is to establish a new sense of political, corporate and
personal self-responsibility. Students and scholars working in the
field of emerging technologies and their relationship to politics,
corporations, science, law, ethics, and any combination thereof,
will find herein a wealth of new directions for their studies.
Legal theorists and legal philosophers in particular will find much
food for thought in the presentation of this new paradigm.
This timely book untangles the digital media jurisprudence of
supranational courts in Europe with a focus on the CJEU and the
ECtHR. It argues that in the face of regulatory tension and
uncertainty, courts can have a strong bearing on the applicable
rules and standards of digital media. Chapters written by expert
contributors explore the interpretative steps taken by the CJEU and
the ECtHR to solve arising legal issues, shedding light on their
interpretation and refinement of the applied rules. The book
provides fresh insights into the effects of European adjudication
on the content and scope of the rules enforced and examines the
ways in which the two European courts address the specificities of
digitalization and digital media in their rulings. It also
addresses the process of defining the constitutional boundaries of
digital media and the exercise of rights and freedoms therein,
focusing on digital media and the distinct challenges posed by
digitalization and digital communication. Digital Media Governance
and Supranational Courts will be a key resource for academics and
scholars of European and Constitutional law, fundamental rights and
digital transformation, as well as for students seeking a better
understanding of the contribution of the CJEU and the ECtHR to
digital media governance.
As the internet has been regulated from its conception, many
widespread beliefs regarding internet freedom are actually
misconceptions. Additionally, there are already two main categories
of internet regulation systems in use: the open and the silent
IRSs. Unexpectedly, the former are quite popular among
authoritarian regimes, while the latter are implemented mainly in
Western democracies. Many IT experts and media analysts criticize
Western governments' choice to use a silent IRS, expressing their
fear that this could set a dangerous precedent for the rest of the
democratic countries around the world. New regulation systems must
be developed and implemented that are more acceptable to the
general public. Internet Censorship and Regulation Systems in
Democracies: Emerging Research and Opportunities is an essential
reference source that discusses the phenomenon of internet
regulation in general and the use of internet regulation systems
(IRSs) by authoritarian regimes and Western democracies and
proposes a blueprint for the development and implementation of a
fair internet regulation system (FIRS). The book also considers the
function of a fair internet regulation system in terms of
maximizing its effectiveness, keeping the implementation cost low,
and increasing the probability of acceptance by each country's
general public. Featuring research on topics such as governmental
control, online filtering, and public opinion, this book is ideally
designed for researchers, policymakers, government officials,
practitioners, academicians, and students seeking coverage on
modern internet censorship policies within various international
democracies.
Using a multi-disciplinary and comparative approach, this study
examines emerging and innovative attempts to tackle privacy and
legal issues in cloud computing such as personal data privacy,
security and intellectual property protection. An international
team of legal scholars, computer science researchers, regulators
and practitioners present original and critical responses to the
growing challenges posed by cloud computing. They analyze the
specific legal implications pertaining to jurisdiction, biomedical
practice and information ownership, as well as issues of regulatory
control, competition and cross-border regulation. Law academics,
practitioners and regulators will find this book to be a valuable,
practical and accessible resource, as will computer science
scholars interested in cloud computing issues. Contributors: H.
Chang, A.S.Y. Cheung, A. Chiu, K.P. Chow, E.S. Dove, X. Fan, Y.
Joly, T.S.-H. Kaan, B.M. Knoppers, J. Kong, G. Master, J.-P. Moiny,
C. Reed, D.N. Staiger, G.Y. Tian, R.H. Weber, P.K. Yu
Scientific experiments and medical improvements in recent years
have augmented our bodies, made them manipulable; our personal data
have been downloaded, stored, sold, analyzed; and the pandemic has
given new meaning to the idea of 'virtual presence'. Such phenomena
are often thought to belong to the era of the 'posthuman', an era
that both promises and threatens to redefine the notion of the
human: what does it mean to be human? Can technological advances
impact the way we define ourselves as a species? What will the
future of humankind look like? These questions have gained urgency
in recent years, and continue to preoccupy cultural and legal
practitioners alike. How can the law respond and adapt to a world
shaped by technology and AI? How can it ensure that technological
developments remain inclusive, while simultaneously enforcing
ethical limits to its reach? The volume explores how fictional
texts, whether on the page or on screen, negotiate the legal
dilemmas posed by the increasing infiltration of technology into
modern life.
The advancement of information and communication technology has led
to a multi-dimensional impact in the arenas of law, regulation, and
governance. The laws, rules and regulations of the digital domain
remain a challenge with the transformation of technology. The
Constitution of many countries have declared data protection as a
fundamental right. Such a trend is evident not only by the current
reform of data protection law aimed at modernizing the global
regulatory framework but also by the judiciary in landmark
judgments. Furthermore, the legal domain must face many challenges
with the speed of technological innovations due to abject global
latitude, massive scale of content exchange and data collection,
and the relative secrecy issues of internet users. Thus, it is
essential to continue discussions involving policies and law that
regulate and monitor these activities and anticipate new laws that
should be implemented to protect users. This book will focus on the
complex relationships of technology and law, both in terms of
substantive legal responses to legal, social, and ethical issues
arising in connection with growing public engagement with
technology and the procedural impacts and transformative potential
of technology on traditional and emerging forms of dispute
resolution. This book will also provide a broader foundation upon
which academics and professionals in the fields could improve
current security activities and contribute to the protection of the
nation.
This fully revised third edition brings a fresh approach to the
fundamentals of mass media and communication law in a presentation
that undergraduate students find engaging and accessible. Designed
for students of communication that are new to law, this volume
presents key principles and emphasizes the impact of timely,
landmark cases on today's media world, providing an applied
learning experience. This new edition offers expanded coverage of
digital media law and social media, a wealth of new case studies,
expanded discussions of current political, social, and cultural
issues, and new features focused on ethical considerations and on
international comparative law. Communication Law serves as a core
textbook for undergraduate courses in communication and mass media
law. Online resources for instructors, including an Instructor's
Manual, Test Bank, and PowerPoint slides, are available at:
www.routledge.com/9780367546694
This fully revised third edition brings a fresh approach to the
fundamentals of mass media and communication law in a presentation
that undergraduate students find engaging and accessible. Designed
for students of communication that are new to law, this volume
presents key principles and emphasizes the impact of timely,
landmark cases on today's media world, providing an applied
learning experience. This new edition offers expanded coverage of
digital media law and social media, a wealth of new case studies,
expanded discussions of current political, social, and cultural
issues, and new features focused on ethical considerations and on
international comparative law. Communication Law serves as a core
textbook for undergraduate courses in communication and mass media
law. Online resources for instructors, including an Instructor's
Manual, Test Bank, and PowerPoint slides, are available at:
www.routledge.com/9780367546694
The winner of the 2020 British Insurance Law Association Book
Prize, this timely, expertly written book looks at the legal impact
that the use of 'Big Data' will have on the provision - and
substantive law - of insurance. Insurance companies are set to
become some of the biggest consumers of big data which will enable
them to profile prospective individual insureds at an increasingly
granular level. More particularly, the book explores how: (i)
insurers gain access to information relevant to assessing risk
and/or the pricing of premiums; (ii) the impact which that
increased information will have on substantive insurance law (and
in particular duties of good faith disclosure and fair presentation
of risk); and (iii) the impact that insurers' new knowledge may
have on individual and group access to insurance. This raises
several consequential legal questions: (i) To what extent is the
use of big data analytics to profile risk compatible (at least in
the EU) with the General Data Protection Regulation? (ii) Does
insurers' ability to parse vast quantities of individual data about
insureds invert the information asymmetry that has historically
existed between insured and insurer such as to breathe life into
insurers' duty of good faith disclosure? And (iii) by what means
might legal challenges be brought against insurers both in relation
to the use of big data and the consequences it may have on access
to cover? Written by a leading expert in the field, this book will
both stimulate further debate and operate as a reference text for
academics and practitioners who are faced with emerging legal
problems arising from the increasing opportunities that big data
offers to the insurance industry.
In this new textbook, social media professor Jeremy Lipschultz
introduces students to the study of social media law and ethics,
integrating legal concepts and ethical theories. The book explores
free expression, as it applies to students, media industry
professionals, content creators and audience members. Key issues
and practices covered include copyright law, data privacy, revenge
porn, defamation, government censorship, social media platform
rules, and employer policies. Research techniques are also used to
suggest future trends in social media law and ethics. Touching on
themes and topics of significant contemporary relevance, this
accessible textbook can be used in standalone law and ethics
courses, as well as emerging social media courses that are
disrupting traditional public relations, advertising and journalism
curricula. Case studies, discussion questions, and online resources
help students engage with the complexities and ambiguities of this
future-oriented area of media law, making it an ideal textbook for
students of media law, policy and ethics, mass media, and
communication studies.
New Media, Old Regimes: Case Studies in Comparative Communication
Law and Policy, by Lyombe S. Eko, is a collection of novel
theoretical perspectives and case studies which illustrate how
different communication law regimes conceptualize and apply
universal ideals of human rights and freedom of expression to media
controversies in real space and cyberspace. Eko s investigation
includes such controversial communication policy topics as North
African regimes failed use of telecommunications to suppress the
social change of the Arab Spring, the Mohammad cartoon controversy
in Denmark and France, French and American policy of development
and diffusion of the Minitel and the Internet, American and Russian
regulation of internet surveillance, the problem of managing
pedopornography in cyberspace and real space, and other current
communication policy cases. This study will aid readers not only to
understand different national and cultural perspectives of thorny
communication issues, but also show that though freedom of
expression is a pluralistic concept, the actions of all political
regimes at the national, transnational, and international levels
must be held up to the universal standards of freedom of expression
set forth in the Universal Declaration of Human Rights. New Media,
Old Regimes provides essential scholarship on comparative
communication law and policy in a world of new media."
This provocative book investigates the relationship between law and
artificial intelligence (AI) governance, and the need for new and
innovative approaches to regulating AI and big data in ways that go
beyond market concerns alone and look to sustainability and social
good. Taking a multidisciplinary approach, the contributors
demonstrate the interplay between various research methods, and
policy motivations, to show that law-based regulation and
governance of AI is vital to efforts at ensuring justice, trust in
administrative and contractual processes, and inclusive social
cohesion in our increasingly technologically-driven societies. The
book provides valuable insights on the new challenges posed by a
rapid reliance on AI and big data, from data protection regimes
around sensitive personal data, to blockchain and smart contracts,
platform data reuse, IP rights and limitations, and many other
crucial concerns for law's interventions. The book also engages
with concerns about the 'surveillance society', for example
regarding contact tracing technology used during the Covid-19
pandemic. The analytical approach provided will make this an
excellent resource for scholars and educators, legal practitioners
(from constitutional law to contract law) and policy makers within
regulation and governance. The empirical case studies will also be
of great interest to scholars of technology law and public policy.
The regulatory community will find this collection offers an
influential case for law's relevance in giving institutional
enforceability to ethics and principled design.
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