This book investigates the intersection of terrorism, digital technologies and cyberspace. The evolving field of cyber-terrorism research is dominated by single-perspective, technological, political, or sociological texts. In contrast, Terrorism Online uses a multi-disciplinary framework to provide a broader introduction to debates and developments that have largely been conducted in isolation. Drawing together key academics from a range of disciplinary fields, including Computer Science, Engineering, Social Psychology, International Relations, Law and Politics, the volume focuses on three broad themes: 1) how - and why - do terrorists engage with the Internet, digital technologies and cyberspace?; 2) what threat do these various activities pose, and to whom?; 3) how might these activities be prevented, deterred or addressed? Exploring these themes, the book engages with a range of contemporary case studies and different forms of terrorism: from lone-actor terrorists and protest activities associated with 'hacktivist' groups to state-based terrorism. Through the book's engagement with questions of law, politics, technology and beyond, the volume offers a holistic approach to cyberterrorism which provides a unique and invaluable contribution to this subject matter. This book will be of great interest to students of cybersecurity, security studies, terrorism and International Relations.

As the distributed architecture underpinning the initial Bitcoin anarcho-capitalist, libertarian project, 'blockchain' entered wider public imagination and vocabulary only very recently. Yet in a short space of time it has become more mainstream and synonymous with a spectacular variety of commercial and civic 'problem'/'solution' concepts and ideals. From commodity provenance, to electoral fraud prevention, to a wholesale decentralisation of power and the banishing of the exploitative practices of 'middlemen', blockchain stakeholders are nothing short of evangelical in their belief that it is a force for good. For these reasons and more the technology has captured the attention of entrepreneurs, venture capitalists, global corporations and governments the world over. Blockchain may indeed offer a unique technical opportunity to change cultures of transparency and trust within cyberspace, and as 'revolutionary' and 'disruptive' has the potential to shift global socioeconomic and political conventions. But as a yet largely unregulated, solutionist-driven phenomenon, blockchain exists squarely within the boundaries of capitalist logic and reason, fast becoming central to the business models of many sources of financial and political power the technology was specifically designed to undo, and increasingly allied to neoliberal strategies with scant regard for collective, political or democratic accountability in the public interest. Regulating Blockchain casts a critical eye over the technology, its 'ecosystem' of stakeholders, and offers a challenge to the prevailing discourse proclaiming it to be the great techno-social enabler of our times.

In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society's interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a 'right to be forgotten', Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.

Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes. By exploring both the theoretical framework and the practical considerations of online arbitration, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with online arbitration.

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.

"Blockchains will matter crucially; this book, beautifully and clearly written for a wide audience, powerfully demonstrates how." -Lawrence Lessig "Attempts to do for blockchain what the likes of Lawrence Lessig and Tim Wu did for the Internet and cyberspace-explain how a new technology will upend the current legal and social order... Blockchain and the Law is not just a theoretical guide. It's also a moral one." -Fortune Bitcoin has been hailed as an Internet marvel and decried as the preferred transaction vehicle for criminals. It has left nearly everyone without a computer science degree confused: how do you "mine" money from ones and zeros? The answer lies in a technology called blockchain. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet in both form and impact. Blockchains are being used to create "smart contracts," to expedite payments, to make financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. But by cutting out the middlemen, they run the risk of undermining governmental authorities' ability to supervise activities in banking, commerce, and the law. As this essential book makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking. "If you...don't 'get' crypto, this is the book-length treatment for you." -Tyler Cowen, Marginal Revolution "De Filippi and Wright stress that because blockchain is essentially autonomous, it is inflexible, which leaves it vulnerable, once it has been set in motion, to the sort of unforeseen consequences that laws and regulations are best able to address." -James Ryerson, New York Times Book Review

The Seventh Edition covers the new set of EU Directives and the Electronic Communications Code, which will considerably change the legal framework for electronic communications. Essential reading for all lawyers and non-legal executives involved in telecoms, IT and media, this book will enable the reader to: - Make valuable comparative analyses with detailed coverage of 34 EU and non-EU countries in a single, accessible source - Ensure that your company's/clients' current and future activities do not conflict with the rules outlined in the 2009 EU Regulatory Package - Successfully evaluate opportunities for expansion within the European telecoms industry and potential pitfalls The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. Countries included: EU: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, UK. Non EU: Croatia, Macedonia, Norway, Switzerland, Turkey, Ukraine.

This book considers the rapidly evolving, both legally and socially, nature of image-based abuse, for both minors and adults. Drawing mainly from UK data, legislation and case studies, it presents a thesis that the law is, at best, struggling to keep up with some fundamental issues around image based abuse, such as the sexual nature of the crimes and the long term impact on victims, and at worst, in the case of supporting minors, not fit for purpose. It shows, through empirical and legislative analysis, that the dearth of education around this topic, coupled with cultural norms, creates a victim blaming culture that extends into adulthood. It proposes both legislative developments and need for wider stakeholder engagement to understand and support victims, and the impact the non-consensual sharing of intimate images can have on their long-term mental health and life in general. The book is of interest to scholar of law, criminology, sociology, police and socio-technical studies, and is also to those who practice law, law enforcement or wider social care role in both child and adult safeguarding.

Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, which have transformed the way in which copyright works can be used and re-used, spanning from digital learning methods, to mass digitization initiatives, media monitoring services, image transformation tools or content-mining technologies. The lawfulness and legitimacy of such innovative services and business methods, that arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains diverse, yet specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. In addition, defendants may also deny liability by attacking one or more of the elements of infringement, by bringing forward for instance claims negating copyright subsistence or the scope of copyright protection. Because the fourth industrial revolution comes with the promise of innovation and business growth, which are stated objectives of EU copyright, it invites an examination of defensive rules as an organic whole. This book adopts such a holistic approach in its exploration of the limits of permissibility under EU copyright, including not only legislatively mentioned exceptions and limitations but also doctrinal principles and external to copyright rules with a view to unveil possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, and case law from the Court of Justice, and bringing insights from an extensive set of national laws and cases, this book tells the story of copyright from the perspective of copyright defences, offering both positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.

This book examines the role of international law in securing privacy and data protection in the digital age. Driven mainly by the transnational nature of privacy threats involving private actors as well as States, calls are increasingly made for an international privacy framework to meet these challenges. Mapped against a flurry of global privacy initiatives, the book provides the first comprehensive analysis of the extent to which and whether international law attends to the complexities of upholding digital privacy. The book starts by exploring boundaries of international privacy law in upholding privacy and data protection in the digital ecosystem where threats to privacy are increasingly transnational, sophisticated and privatized. It then explores the potential of global privacy initiatives, namely Internet bills of rights, universalization of regional systems of data privacy protection, and the multi-level privacy discourse at the United Nations, in reimagining the normative contours of international privacy law. Having shown limitations of global privacy initiatives, the book proposes a pragmatic approach that could make international privacy law better-equipped in the digital age.

Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes. By exploring both the theoretical framework and the practical considerations of online arbitration, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with online arbitration.

In this riveting, behind-the-scenes courtroom drama, a brilliant legal team battles corporate greed and government overreach for our fundamental right to control our genes. When attorney Chris Hansen learned that the U.S. government was issuing patents for human genes to biotech companies, his first thought was, How can a corporation own what makes us who we are? Then he discovered that women were being charged exorbitant fees to test for hereditary breast and ovarian cancers, tests they desperately needed--all because Myriad Genetics had patented the famous BRCA genes. So he sued them. Jorge L. Contreras, one of the nation's foremost authorities on human genetics law, has devoted years to investigating the groundbreaking civil rights case known as AMP v. Myriad. In The Genome Defense Contreras gives us the view from inside as Hansen and his team of ACLU lawyers, along with a committed group of activists, scientists, and physicians, take their one-in-a-million case all the way to the U.S. Supreme Court. Contreras interviewed more than a hundred key players involved in all aspects of the case--from judges and policy makers to ethicists and genetic counselors, as well as cancer survivors and those whose lives would be impacted by the decision--expertly weaving together their stories into a fascinating narrative of this pivotal moment in history. The Genome Defense is a powerful and compelling story about how society must balance scientific discovery with corporate profits and the rights of all people.

In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated. The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters' privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data. Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.

As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life. This is hardly surprising given our increasing reliance on algorithms in daily life, touching policy sectors from healthcare, transport, finance, consumer retail, manufacturing education, and employment through to public service provision and the operation of the criminal justice system. This has prompted concerns about the need and importance of holding algorithmic power to account, yet it is far from clear that existing legal and other oversight mechanisms are up to the task. This collection of essays, edited by two leading regulatory governance scholars, offers a critical exploration of 'algorithmic regulation', understood both as a means for co-ordinating and regulating social action and decision-making, as well as the need for institutional mechanisms through which the power of algorithms and algorithmic systems might themselves be regulated. It offers a unique perspective that is likely to become a significant reference point for the ever-growing debates about the power of algorithms in daily life in the worlds of research, policy and practice. The range of contributors are drawn from a broad range of disciplinary perspectives including law, public administration, applied philosophy, data science and artificial intelligence. Taken together, they highlight the rise of algorithmic power, the potential benefits and risks associated with this power, the way in which Sheila Jasanoff's long-standing claim that 'technology is politics' has been thrown into sharp relief by the speed and scale at which algorithmic systems are proliferating, and the urgent need for wider public debate and engagement of their underlying values and value trade-offs, the way in which they affect individual and collective decision-making and action, and effective and legitimate mechanisms by and through which algorithmic power is held to account.

This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional "soul" into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.

In digital economies, the Internet enables the "platformisation" of everything. Big technology companies and mobile apps are running mega marketplaces, supported by seamless online payments systems. This rapidly expanding ecosystem is fueled by data. Meanwhile, perceptions of the global financial crisis, data breaches, disinformation and the manipulation of political sentiment have combined to create a modern trust crisis. A lack of trust constrains commerce, particularly in terms of consumer protection and investment. Big data, artificial intelligence, automated algorithms and blockchain technology offer new solutions and risks. Trust in our legal systems depends on certainty, consistency and enforceability of the law. However, regulatory and remedial gaps exist because the law has not kept up with technology. This work explores the role of competency and good faith, in the creation of social and legal relationships of trust; and the need for governance transparency and human accountability to combat distrust, particularly in digital economies.

This book offers an analysis of privacy impacts resulting from and reinforced by technology and discusses fundamental risks and challenges of protecting privacy in the digital age. Privacy is among the most endangered "species" in our networked society: personal information is processed for various purposes beyond our control. Ultimately, this affects the natural interplay between privacy, personal identity and identification. This book investigates that interplay from a systemic, socio-technical perspective by combining research from the social and computer sciences. It sheds light on the basic functions of privacy, their relation to identity, and how they alter with digital identification practices. The analysis reveals a general privacy control dilemma of (digital) identification shaped by several interrelated socio-political, economic and technical factors. Uncontrolled increases in the identification modalities inherent to digital technology reinforce this dilemma and benefit surveillance practices, thereby complicating the detection of privacy risks and the creation of appropriate safeguards. Easing this problem requires a novel approach to privacy impact assessment (PIA), and this book proposes an alternative PIA framework which, at its core, comprises a basic typology of (personally and technically) identifiable information. This approach contributes to the theoretical and practical understanding of privacy impacts and thus, to the development of more effective protection standards. This book will be of much interest to students and scholars of critical security studies, surveillance studies, computer and information science, science and technology studies, and politics.

"The data economy" is a term used by many, but properly understood by few. Even more so the concept of "big data". Both terms embody the notion of a digital world in which many transactions and data flows animate a virtual space. This is the unseen world in which technology has become the master, with the hand of the human less visible. In fact, however, it is human interaction in and around technology that makes data so pervasive and important - the ability of the human mind to extract, manipulate and shape data that gives meaning to it. This book outlines the findings and conclusions of a multidisciplinary team of data scientists, lawyers, and economists tasked with studying both the possibilities of exploiting the rich data sets made available from many human-technology interactions and the practical and legal limitations of trying to do so. It revolves around a core case study of Singapore's public transport system, using data from both the private company operating the contactless payment system (EZ-Link) and the government agency responsible for public transport infrastructure (Land Transport Authority). In analysing both the possibilities and the limitations of these data sets, the authors propose policy recommendations in terms of both the uses of large data sets and the legislation necessary to enable these uses while protecting the privacy of users.

Tinker. R.A.V. Ollman. Hustler-Falwell. Reno-ACLU. Nebraska Press Association. These names are synonymous with contemporary First Amendment litigation. To explore these landmark cases more deeply, author Joseph Russomanno interviewed the people at the core of these and other influential First Amendment cases, and he presents their stories here in a personal, in-depth oral history of First Amendment law. Previously unavailable in other literature, these stories go beyond the "what" of the cases and answer the "why" and "how" of ten major cases from the latter part of the 20th century. Through their own words and photographs, plaintiffs, defendants, and their attorneys describe what it was like to be involved in the development of these historic First Amendment cases.
The issues addressed in these landmark cases cover crucial aspects of the First Amendment: freedom of expression, hate speech, libel, privacy, intentional infliction of emotional distress, promises of confidentiality to news sources, free press-fair trial, commercial speech, broadcast and cable television regulation, and new media. These narratives recount the events that initiated the court cases and follow the lead players through the various stages of the U.S. legal system. Excerpts of the court decisions are included at the conclusion of each chapter, and sidebars explain key terms, issues, and names that come up in the process. The cases highlighted here were often difficult and controversial--cases which, on their surface, raise questions about both the participants and their lawyers. A cross burner and a pornographer ask to be protected by the First Amendment; a measure intended to protect children from exposure to lewd content on the Internet is questioned. Through the words of the participants in these cases, the meaning, depth, and reach of the First Amendment becomes clear and demonstrates how the law functions to protect the rights of all individuals.
This unique chronicle will appeal to those studying First Amendment law, including mass communication, law, journalism, and political science scholars, and to lawyers, journalists, and political scientists with an interest in this area. The volume is also intended to serve as a supplemental text in a mass communication law course or as a text in advanced First Amendment theory course and political science courses exploring the law, decisions, and processes of the U. S. Supreme Court.

Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.

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.

What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone's lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.