Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.

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.

This book addresses issues on the nexus of freedom of and property in information, while acknowledging that both hiding and exposing information may affect our privacy. It inquires into the physics, the technologies, the business models, the governmental strategies and last but not least the legal frameworks concerning access, organisation and control of information. It debates whether it is in the very nature of information to be either free or monopolized, or both. Analysing upcoming power structures, new types of colonization and attempts to replace legal norms with techno-nudging, this book also presents the idea of an infra-ethics capable of pre-empting our pre-emption. It discusses the interrelations between open access, the hacker ethos, the personal data economy, and freedom of information, highlighting the ephemeral but pivotal role played by information in a data-driven society. This book is a must-read for those working on the contemporary dimensions of freedom of information, data protection, and intellectual property rights.

Compared to the US, European data and privacy protection rules seem Draconian. The European rules apply to any enterprise doing business in the EU. The new rules are far more stringent than the last set. This book is a quick guide to the directives for companies, particularly US, that have to comply with them. Where US organizations and businesses who collect or receive EU personal data fail to comply with the rule, the bottom line can suffer from very significant official fines and penalties, as well as from users, customers or representative bodies to pursuing litigation. This guide is essential for all US enterprises who directly or indirectly deal with EU personal data.

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.

This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects - and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.

Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.

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.

AI and people do not compete on a level-playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human well-being. This work should be read by anyone interested in the rapidly evolving relationship between AI and the law.

The fifth edition of Information Technology Law continues to be dedicated to a detailed analysis of and commentary on the latest developments within this burgeoning field of law. It provides an essential read for all those interested in the interface between law and technology and the effect of new technological developments on the law. The contents have been restructured and the reordering of the chapters provides a coherent flow to the subject matter. Criminal law issues are now dealt with in two separate chapters to enable a more focused approach to content crime. The new edition contains both a significant amount of incremental change as well as substantial new material and, where possible, case studies have been used to illustrate significant issues. In particular, new additions include: * Social media and the criminal law; * The impact of the decision in Google Spain and the 'right to be forgotten'; * The Schrems case and the demise of the Safe Harbour agreement; * The judicial reassessment of the proportionality of ICT surveillance powers within the UK and EU post the Madrid bombings; * The expansion of the ICANN gTLDs and the redesigned domain name registration and dispute resolution processes.

This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts' argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts' decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.

Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.

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.

In its first and second editions, Tomorrow's Lawyers became an international bestseller, widely read and cited by practitioners and students. The third edition focuses on the law and lawyers in the 2020s. For Richard Susskind, the future of legal service is neither Grisham nor Rumpole. Instead, he predicts a world of online courts, AI-based global legal businesses, disruptive legal technologies, liberalized markets, commoditization, alternative sourcing, simulated practice on the metaverse, and many new legal jobs. This volume is a definitive and updated introduction to this future - for aspiring lawyers, and for all who want to modernize and upgrade our legal and justice systems. It offers practical guidance for everyone intending to build careers and businesses in law. Written in an era of greater technological advance than humanity has ever witnessed, this work is a call to arms: it challenges those who feel that the law and lawyers are somehow immune from technological advance; it draws attention to the unaffordability and inaccessibility of legal service, for businesses and citizens alike; it invites the next generation of lawyers to harness the power of technology in improving and even overhauling the way in which legal and court service is currently provided. Tomorrow's Lawyers identifies new opportunities for lawyers, new ways of helping clients and the community. It enjoins its readers to become involved in building the systems that will replace outmoded forms of legal work. It argues that it is both a privilege and an obligation for tomorrow's lawyers to embrace and bring about change. A must-read for legal undergraduates, aspiring and young lawyers, senior practitioners, leaders in law firms and legal businesses, law professors and law teachers.

Over 70 countries and various international organizations have adopted data protection and privacy laws that regulate the cross-border transfer of personal data outside their borders. In an era of globalization and the Internet, these restrictions have immense implications for citizens, companies, and governments. This work, written by a renowned expert on data protection law, examines the history, policies, and future of transborder data flow regulation. Kuner traces the history of regulation in different regions, beginning with the earliest European laws in the 1970s, through to leading regional and international instruments of the EU, OECD, Council of Europe, APEC, and other bodies. He also considers regulation developed by the private sector, such as contractual clauses and binding corporate rules. The work then analyses policies underlying such regulation and the legal issues involved, including human rights law, public international law, and EU law. Presenting a global analysis of this important subject, Kuner also discusses the future development of transborder data flow regulation, and gives policy recommendations.

The Defamation Act constitutes a significant overhaul of UK defamation legislation, which follows years of concern about the detrimental effects that preceeding libel laws had on freedom of expression, and the extent to which the jurisdiction had become a magnet for libel claimants. This new Blackstone's Guide combines the full text of the Act and extracts of related relevant legislation with an expert narrative. It brings practitioners up-to-date with this complex piece of drafting. Its clear and practical layout make it the ideal reference source for anyone working in the area. The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. First published soon after enactment, they offer expert commentary by leading names on the scope, extent, and effects of the legislation, plus a full copy of the Act itself. They provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

In 1787, Thomas Jefferson, then the American Minister to France, had the complete skeleton, skin & horns of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson's efforts, David Post, one of the nation's leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace--what it is, how it works, and how it should be governed. What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled? Should they be controlled? And by whom?Post presents the Jeffersonian ideal--small self-governing units, loosely linked together as peers in groups of larger and larger size--as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson's writings on the New World in Notes on the State of Virginia, Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson's views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace. In Search of Jefferson's Moose is a lively, accessible, and remarkably original overview of the Internet and what it holds for the future.

Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges.
Aplin, Bently, Johnson, and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence. The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law.
Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of IP, and lawyers and philosophers interested in the property debate.

Virtual economies and financial crime are ever-growing, increasingly significant facets to banking, finance and anti-money laundering regulations on an international scale. In this pathbreaking and timely book, these two important issues are explored together for the first time in the same place. Clare Chambers-Jones examines the jurisprudential elements of cyber law in the context of virtual economic crime and explains how virtual economic crime can take place in virtual worlds. She looks at the multi-layered and interconnected issues association with the increasing trend of global and virtual banking via the 'Second Life' MMOG (Massively Multiplayer Online Game). Through this fascinating case study, the author illustrates how virtual worlds have created a second virtual economy which transgresses into the real, creating economic, political and social issues. Loopholes used by criminals to launder money through virtual worlds (given the lack of jurisdictional consensus on detection and prosecution) are also highlighted. The importance of providing legal clarity over jurisdictional matters in cyberspace is an increasing concern for policy makers and regulators, and this book provides a wealth of information on new aspects of cyber law and virtual economics. As such, it will prove essential reading for academics, students, researchers and policy makers across the fields of law generally, and more specifically, financial law and regulation, finance, money and banking, and economic crime.

Cyber Mercenaries explores the secretive relationships between states and hackers. As cyberspace has emerged as the new frontier for geopolitics, states have become entrepreneurial in their sponsorship, deployment, and exploitation of hackers as proxies to project power. Such modern-day mercenaries and privateers can impose significant harm undermining global security, stability, and human rights. These state-hacker relationships therefore raise important questions about the control, authority, and use of offensive cyber capabilities. While different countries pursue different models for their proxy relationships, they face the common challenge of balancing the benefits of these relationships with their costs and the potential risks of escalation. This book examines case studies in the United States, Iran, Syria, Russia, and China for the purpose of establishing a framework to better understand and manage the impact and risks of cyber proxies on global politics.

Digital Evidence and Computer Crime, Third Edition, provides the knowledge necessary to uncover and use digital evidence effectively in any kind of investigation. It offers a thorough explanation of how computer networks function, how they can be involved in crimes, and how they can be used as a source of evidence. In particular, it addresses the abuse of computer networks as well as privacy and security issues on computer networks. This updated edition is organized into five parts. Part 1 is about digital forensics and covers topics ranging from the use of digital evidence in the courtroom to cybercrime law. Part 2 explores topics such as how digital investigations are conducted, handling a digital crime scene, and investigative reconstruction with digital evidence. Part 3 deals with apprehending offenders, whereas Part 4 focuses on the use of computers in digital investigation. The book concludes with Part 5, which includes the application of forensic science to networks. New to this edition are updated information on dedicated to networked Windows, Unix, and Macintosh computers, as well as Personal Digital Assistants; coverage of developments in related technology and tools; updated language for search warrant and coverage of legal developments in the US impacting computer forensics; and discussion of legislation from other countries to provide international scope. There are detailed case examples that demonstrate key concepts and give students a practical/applied understanding of the topics, along with ancillary materials that include an Instructor's Manual and PowerPoint slides. This book will prove valuable to computer forensic students and professionals, lawyers, law enforcement, and government agencies (IRS, FBI, CIA, CCIPS, etc.).

This collection investigates the sharpening conflict between the nation state and the internet through a multidisciplinary lens. It challenges the idea of an inherently global internet by examining its increasing territorial fragmentation and, conversely, the notion that for states online law and order is business as usual. Cyberborders based on national law are not just erected around China's online community. Cultural, political and economic forces, as reflected in national or regional norms, have also incentivised virtual borders in the West. The nation state is asserting itself. Yet, there are also signs of the receding role of the state in favour of corporations wielding influence through de-facto control over content and technology. This volume contributes to the online governance debate by joining ideas from law, politics and human geography to explore internet jurisdiction and its overlap with topics such as freedom of expression, free trade, democracy, identity and cartographic maps.

As identity theft and corporate data vulnerability continue to escalate, corporations must protect both the valuable consumer data they collect and their own intangible assets. Both Congress and the states have passed laws to improve practices, but the rate of data loss persists unabated and companies remain slow to invest in information security. Engaged in a bottom-up investigation, "Harboring Data" reveals the emergent nature of data leakage and vulnerability, as well as some of the areas where our current regulatory frameworks fall short.
With insights from leading academics, information security professionals, and other area experts, this original work explores the business, legal, and social dynamics behind corporate information leakage and data breaches. The authors reveal common mistakes companies make, which breaches go unreported despite notification statutes, and surprising weaknesses in the federal laws that regulate financial data privacy, children's data collection, and health data privacy. This forward-looking book will be vital to meeting the increasing information security concerns that new data-intensive business models will have.

Never before have the civil rights of people with disabilities aligned so well with developments in information and communication technology. The center of the technology revolution is the Internet, which fosters unprecedented opportunities for engagement in democratic society. The Americans with Disabilities Act likewise is helping to ensure equal participation in society by people with disabilities. Globally, the Convention on the Rights of Persons with Disabilities further affirms that persons with disabilities are entitled to the full and equal enjoyment of fundamental personal freedoms. This book is about the lived struggle for disability rights, with a focus on Web equality for people with cognitive disabilities, such as intellectual disabilities, autism, and print-related disabilities. The principles derived from the right to the Web - freedom of speech and individual dignity - are bound to lead toward full and meaningful involvement in society for persons with cognitive and other disabilities.