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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
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.
As technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. In this context, the question of how to determine authorship - and hence ownership - of copyright in collaborative works is an important question to which current copyright law fails to provide a coherent or consistent answer. In Copyright and Collective Authorship, Daniela Simone engages with the problem of how to determine the authorship of highly collaborative works. Employing insights from the ways in which collaborators understand and regulate issues of authorship, the book argues that a recalibration of copyright law is necessary, proposing an inclusive and contextual approach to joint authorship that is true to the legal concept of authorship but is also more aligned with creative reality.
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.
In The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment's protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The United States of Anonymous weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.
The majority of countries in the world have already agreed to accept minimum standards of intellectual property protection and enforcement - the key issue now is how much control innovators should have over their creative works or inventions. The contributors to this book analyse and develop this issue, which is of increased importance in the new knowledge-based economy. One view is that broad and powerful rights give the creators the ability to trade information and push the frontiers of knowledge forward faster; the opposing view is that increased power over information will freeze development and chill intellectual interchange.
Publishing Law is an authoritative and engaging guide to a wide range of legal issues affecting publishing today. Hugh Jones and Christopher Benson present readers with clear and accessible guidance to the complex legal areas specific to the ever evolving world of contemporary publishing, including copyright, moral rights, contracts and licensing, privacy, confidentiality, defamation, infringement and trademarks, with analysis of legal issues relating to sales, advertising, marketing, distribution and competition. This new fifth edition presents updated coverage of the key principles of copyright , as well as new copyright exceptions, licensing and open access. There is also further in-depth coverage of the legal issues around the sale of digital content. Key features of the fifth edition include: updated coverage of EU and UK copyright, including a new chapter on copyright exceptions following the significant changes in the 2014 Regulations Comprehensive coverage of publishing contracts with authors, as well as with other providers, including translators, contributors and contracts for subsidiary rights up to date coverage of the Defamation Act 2013, and other changes to EU and UK legislation exploration of the legal issues relating to digital publishing, including eBook and other electronic agreements, data protection and online issues in relation to privacy, and copyright infringement a range of summary checklists on key issues, ranging from copyright ownership to promotion and data protection useful appendices offering an A to Z glossary of legal terms and lists of useful address and further reading.
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.
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 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.
In this book, Yuko Suda examines the Safe Harbor debate, the passenger name record (PNR) dispute, and the Society for Worldwide Interbank Financial Transactions (SWIFT) affair to understand the transfer of personal data from the European Union (EU) to the United States. She argues that the Safe Harbor, PNR, and SWIFT agreements were made to mitigate the potentially negative effects that may arise from the beyond-the-border reach of EU data protection rules or US counterterrorism regulation. A close examination of these high-profile cases would reveal how beyond-the-border reach of one jurisdiction's regulation might affect another jurisdiction's policy and what responses the affected jurisdiction possibly makes to manage the effects of such extraterritorial regulation. The Politics of Data Transfer adds another dimension to the study of transatlantic data conflicts by assuming that the cases exemplify not only the politics of data privacy but also the politics of extraterritorial regulation. A welcome and timely collection uncovering the evolution of and prospects for the politics of data privacy in the digitalized and interconnected world.
Cloud computing continues to expand dramatically and the 'as a Service' model is now both mainstream and ubiquitous. Cloud now encompasses everything from the remote provision of essential computer processing and storage resources, through to delivery of complex business and government services, logistics, healthcare, education, and entertainment. The Covid-19 pandemic provided a striking demonstration of cloud computing's global scalability and resilience, as billions of workers and students switched in a matter of weeks to working and studying 'from home'. This book delivers an accessible analysis of the key legal and regulatory issues that surround cloud computing. Topics covered include contracts for cloud services, information ownership and licensing, privacy and data protection, standards and competition law, law enforcement access to data, and international tax models for cloud and other digital services. The book is organised in four parts. Part I explains what cloud computing is, why it matters, and what non-technical readers need to know about how it works. Part II includes a detailed review of standard contracts for 40 cloud services and highlights key legal and commercial issues that arise in negotiated transactions for cloud services. Ownership of, and access to, 'digital assets' are also explored. Part III focusses on the application of data protection and cybersecurity rules, including an in-depth assessment of the impact of the EU's General Data Protection Regulation (GDPR) on providers and users of cloud services. Finally, Part IV addresses governance issues relating to public sector use of cloud, access to cloud data by law enforcement authorities, competition rules and standards, and the disruption to global taxation models caused by the rapid shift to cloud services.
The integration of robotic systems and artificial intelligence into healthcare settings is accelerating. As these technological developments interact socially with children, the elderly, or the disabled, they may raise concerns besides mere physical safety; concerns that include data protection, inappropriate use of emotions, invasion of privacy, autonomy suppression, decrease in human interaction, and cognitive safety. Given the novelty of these technologies and the uncertainties surrounding the impact of care automation, it is unclear how the law should respond. This book investigates the legal and regulatory implications of the growing use of personal care robots for healthcare purposes. It explores the interplay between various aspects of the law, including safety, data protection, responsibility, transparency, autonomy, and dignity; and it examines different robotic and AI systems, such as social therapy robots, physical assistant robots for rehabilitation, and wheeled passenger carriers. Highlighting specific problems and challenges in regulating complex cyber-physical systems in concrete healthcare applications, it critically assesses the adequacy of current industry standards and emerging regulatory initiatives for robots and AI. After analyzing the potential legal and ethical issues associated with personal care robots, it concludes that the primarily principle-based approach of recent law and robotics studies is too abstract to be as effective as required by the personal care context. Instead, it recommends bridging the gap between general legal principles and their applicability in concrete robotic and AI technologies with a risk-based approach using impact assessments. As the first book to compile both legal and regulatory aspects of personal care robots, this book will be a valuable addition to the literature on robotics, artificial intelligence, human-robot interaction, law, and philosophy of technology.
Media Law for Producers is a comprehensive handbook that explains,
in lay terms, the myriad legal issues that the producer will face
on a regular basis - contracts, permits, defamation, patents,
releases and insurance, libel, royalties and residuals, as well as
protecting the finished production. This revised and expanded
edition includes such Internet-related topics as Internet music
law, online registration, and online privacy. Other new topics
covered include:
Privacy has become a pressing concern for many users of digital platforms who fear legal or social liability for sharing personal details online. Yet for queer women and others, an emphasis on privacy fails to reflect the creativity and struggles of everyday people seeking to represent themselves and form meaningful connections through social media. Personal but Not Private explores how queer women share and maintain their identities through digital technologies despite overlapping technological, social, economic, and political concerns. Focusing on representations of sexual identity through Tinder, Instagram, and Vine, this volume uncovers how queer women are continuously engaging in identity modulation, or the process through which people and platforms adjust or modify personal information, to form relationships, increase their social and economic participation, and counter intersecting forms of oppression. While queer women's representations of sexual identity give rise to publics and counterpublics through intimate and collective self-representation, platform-specific elements like design and governance place limitations on queer women's agency and often make them targets of censorship, harassment, and discrimination. This book also considers how identity modulation can be applied to a range of people negotiating digital contexts and promotes tangible changes to digital platforms and their broader social, economic, and political structures to empower individuals and their personal sharing on social media. Bringing together personal interviews and empirical research, Personal but Not Private offers a new lens for examining digitally mediated identities and highlights how platforms act as complicated sites of transformation.
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.
Wenn heute uber Informationstechnik in der offentlichen Verwaltung" geschr- ben oder geredet wird, geschieht dies meist im Kontext von Electronic Gove- ment," wobei diese Thematik dann auch noch haufig auf die Bereitstellung el- tronischer Burgerservices reduziert wird. Dabei hat die offentliche Verwaltung selbstverstandlich schon lange vor der Verbreitung des Internets massiven Gebrauch von der Informationstechnik - macht - nur blieb die Auseinandersetzung damit lange Zeit einem sehr kleinen Kreis von Praktikern und Wissenschaftlern vorbehalten. Ursachlich dafur war - niger der Wunsch nach Exklusivitat, sondern vor allem der Umstand, dass sich ausserhalb dieses Kreises kaum jemand fur das Thema erwarmen konnte. Im Zuge von E-Government hat sich diese Situation schlagartig geandert. Die Anzahl der Kongresse, Messen, Umfragen, Benchmarkings usw. zum Thema hat in den letzten Jahren zwar spurbar nachgelassen, doch nach wie vor wird E- Government von denen, die sich damit beschaftigen (und das sind heute noch - mer sehr viel mehr Personen als noch vor zehn Jahren), als zentrales Instrument zur Modernisierung des Behordenapparats angesehen. Inzwischen wissen wir aber auch, dass gerade strukturelle Veranderungen vielfach sehr schleppend verlaufen und die IT im offentlichen Sektor noch immer nicht die Durchschlagskraft" - reicht hat, die ihr vielfach zugeschrieben wurde und die angesichts der technischen Moglichkeiten auch ohne weiteres vorstellbar ist. Fur das eher zogerliche Aufgr- fen der mit moderner IT eroffneten Veranderungsoptionen gibt es zahlreiche Grunde, von denen in den nachfolgenden Beitragen immer wieder die Rede sein wird."
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.
China's emergence as a great power in the twenty-first century is strongly enabled by cyberspace. Leveraged information technology integrates Chinese firms into the global economy, modernizes infrastructure, and increases internet penetration which helps boost export-led growth. China's pursuit of "informatization " reconstructs industrial sectors and solidifies the transformation of the Chinese People's Liberation Army into a formidable regional power. Even as the government censors content online, China has one of the fastest growing internet populations and most of the technology is created and used by civilians. Western political discourse on cybersecurity is dominated by news of Chinese military development of cyberwarfare capabilities and cyber exploitation against foreign governments, corporations, and non-governmental organizations. Western accounts, however, tell only one side of the story. Chinese leaders are also concerned with cyber insecurity, and Chinese authors frequently note that China is also a victim of foreign cyber--attacks--predominantly from the United States. China and Cybersecurity: Political, Economic, and Strategic Dimensions is a comprehensive analysis of China's cyberspace threats and policies. The contributors--Chinese specialists in cyber dynamics, experts on China, and experts on the use of information technology between China and the West--address cyberspace threats and policies, emphasizing the vantage points of China and the U.S. on cyber exploitation and the possibilities for more positive coordination with the West. The volume's multi-disciplinary, cross-cultural approach does not pretend to offer wholesale resolutions. Contributors take different stances on how problems may be analyzed and reduced, and aim to inform the international audience of how China's political, economic, and security systems shape cyber activities. The compilation provides empirical and evaluative depth on the deepening dependence on shared global information infrastructure and the growing willingness to exploit it for political or economic gain.
This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden's revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU's requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU's extraterritorial fundamental rights requirements without violating the principles of the WTO's law on services. It also addresses current developments in international trade law - the conclusion of comprehensive trade agreements - and offers suggestion for the design of data flow clauses that accommodate privacy and trade.
Exploring the evolution of the right to be forgotten, its challenges, and its impact on privacy, reputation, and online expression, this book lays out the current state of the law on the right to be forgotten in Canada and in the international context while addressing the broader theoretical tensions at its core. The essays contemplate questions such as: How does the right to be forgotten fit into existing legal frameworks? How can Canadian courts and policy-makers reconcile rights to privacy and rights to access publicly available information? Should search engines be regulated purely as commercial actors? What is the right's impact on free speech and freedom of the press? Together, these essays address the questions that legal actors and policy-makers must consider as they move forward in shaping this new right through legislation, regulations, and jurisprudence. They address both the difficulties in introducing the right and the long-term effects it could have on the protection of online (and offline) reputation and speech. As the question of implementing the right to be forgotten in Canada has been put forward by the Privacy Commissioner and considered by courts, Canada is in need of academic literature on the matter; a need that, with this book, we intend to fulfill. The questions put forward in this book will thus advance the legal debate in Canada and provide a rich case study for the international legal community.
Islamic State's Online Activity and Responses provides a unique examination of Islamic State's online activity at the peak of its "golden age" between 2014 and 2017 and evaluates some of the principal responses to this phenomenon. Featuring contributions from experts across a range of disciplines, the volume examines a variety of aspects of IS's online activity, including their strategic objectives, the content and nature of their magazines and videos, and their online targeting of females and depiction of children. It also details and analyses responses to IS's online activity - from content moderation and account suspensions to informal counter-messaging and disrupting terrorist financing - and explores the possible impact of technological developments, such as decentralised and peer-to-peer networks, going forward. Platforms discussed include dedicated jihadi forums, major social media sites such as Facebook, Twitter, and YouTube, and newer services, including Twister. Islamic State's Online Activity and Responses is essential reading for researchers, students, policymakers, and all those interested in the contemporary challenges posed by online terrorist propaganda and radicalisation. The chapters were originally published as a special issue of Studies in Conflict & Terrorism.
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.
In Taxes on Knowledge in America, Randall P. Bezanson explores the extent to which the publication and distribution of current public information is effected by economic exactions. The book begins with a brief overview of the English history and experience with knowledge taxes, before turning to a discussion of knowledge taxes in America from colonial times to the present. In addition to covering traditional printed publications, Bezanson looks at recent developments in broadcast and cable telecommunications, devotes a chapter to the history of the postal system, and gleans insight from three benchmark Supreme Court decisions. Bezanson provocatively concludes that knowledge is common property and knowledge taxes should be measured by their impact on the diversity of ideas and availability of information throughout society.
Social media offers a platform for individual self-expression and the sharing of information. However, social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from both public and private law perspectives and outlines how the law has endeavoured to adapt the existing tools to social media. The expert contributors explore a range of ideas to investigate the intersection between law and social media and they provide an insight into the challenges the legal community currently face. This collection explores key topics such as public and private law implications, the gap between the lay and legal understandings of social media, the conflict of laws regarding social media and the individual rights associated with social media. This timely study of a complex and ever-changing area of law will be of interest to legal scholars, students and practitioners and will provide a valuable source of reference for those studying or researching media and journalism. Contributors include: R.D. Barnes, E. Garnier, L.E. Gillies, E. Harbinja, E.B. Laidlaw, D. Mac Sithigh, D. Mangan, A. Mills, A.D. Murray, J. Rowbottom, A. Scott, I. Walden, L. Woods, P. Wragg |
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