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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
Cybercrime and cybersecurity are of increasingly high profile not only within law enforcement but among policy makers, legal professionals and the general public. The establishment of the European Cybercrime Centre at Europol and the recent publication of guidelines on the prosecution of social media cases by the Director of Public Prosecutions serve as illustrations of the reach and impact of cybercrime related issues. As more of our day to day lives are conducted via digital mediums, cybercrime has ceased to be a purely specialist area and as technologies rapidly evolve and advance so do the challenges and threats raised, making it more important than ever for practitioners working in this area to stay up to date. Building on the detailed legal analysis in the first edition, this updated text remains the only comprehensive work to cover the complete lifecycle of cybercrimes, from their commission to their investigation and prosecution. With its clear and accesible structure, Computer Crimes and Digital Investigations provides essential guidance on the substantive and procedural aspects of cybercrimes for both experienced practitioners and for those new to the field. Substantial developments have occurred since the publication of the first edition of this work, in terms of the threats faced, the legislation and case law, and the response of law enforcement. The second edition will include new material on topics such as cyberwarfare; orders made against convicted criminals; and issues of surveillance and interception as well as expanded discussions of cyber security policy and laws, intermediary liability, developments in policing activities and prosecution policies, and developments in cross-border search and seizure and mutual legal assistance and extradition. An expanded comparative discussion of law and policy within the EU and under the Budapest Convention, as well as other international organisations such as the United Nations, places cybercrime in its international context.
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:
In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights. An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression. This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski, G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B. Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L. Jasmontaite, R.F. Jorgensen, C. Kavanagh, M.C. Kettemann, D. Korff, G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G. Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T. Wetzling, M. Zalnieriute
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."
Economic regulation in the telecommunications sector can be performed through economy-wide instruments, such as antitrust law and antitrust authorities, or through sector-specific instruments, such as telecommunications regulation and regulatory authorities. Relying on a comparative analysis of five countries, the present book seeks to shed some light on the respective roles of both types of instruments in liberalized telecommunications markets.
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.
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.
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
This revised casebook-plus-commentary offers a basic introduction to the traditional regulation of telephone companies as well as the new lines of businesses they have entered. Drawing on historical and contemporary court decisions as well as on FCC and legislative materials, Brenner documents and evaluates the past twenty years of regulation of the telecommunications industry. In particular, he traces the major regulatory changes from the time of AT&T's single-firm dominance to the increasingly competitive marketplace of today. The law and literature necessary to understand the development and trends in telecommunications are voluminous and, up until now, have been difficult to locate in one place. This book presents the critical concepts and shifts in communications policy coherently and concisely. In this revised and expanded edition, Brenner provides excerpts and comments upon the key decisions in the field, ordering them in a readily accessible manner. He assumes no specialized background in technology, law, or economics. Brenner provides an ideal introduction to this increasingly important field for professionals as well as for scholars and students interested in communications and communications policy.
Our court system is struggling. It is too costly to deliver justice for all but the few, too slow to satisfy those who can access it. Yet the values implicit in disputes being resolved in person, and in public, are fundamental to how we have imagined the fair resolution of disputes for centuries. Could justice be delivered online? The idea has excited and appalled in equal measure, promising to bring justice to all, threatening to strike at the heart of what we mean by justice. With online courts now moving from idea to reality, we are looking at the most fundamental change to our justice system for centuries, but the public understanding of and debate about the revolution is only just beginning. In Online Courts and the Future of Justice Richard Susskind, a pioneer of rethinking law for the digital age, confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate. Against a background of austerity politics and cuts to legal aid, the public case for online courts has too often been framed as a business case by both sides of the debate. Are online courts preserving the public bottom line by finding efficiencies? Or sacrificing the interests of the many to deliver cut price justice? Susskind broadens the debate by making the moral case (whether online courts are required by principles of justice) and the jurisprudential case (whether online courts are compatible with our understanding of judicial process and constitutional rights) for delivering justice online. Includes a substantial new chapter updating the book with the developments in online courts since the onset of Covid-19.
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.
How will law, regulation and ethics govern a future of fast-changing technologies? 'From current controversies over Internet content, privacy and radicalisation, to science fiction and Black Mirror visions of the future, pervasive fears exist that technology inevitably outpaces law and social control' 'Future Law' responds to these fears by exploring how law and ethics can foresee and control new technologies that challenge our societal norms and expectations. Bringing together cutting-edge authors from academia, legal practice and the technology industry, this book explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change.
The EU's General Data Protection Regulation created the position of corporate Data Protection Officer (DPO), who is empowered to ensure the organization is compliant with all aspects of the new data protection regime. Organizations must now appoint and designate a DPO. The specific definitions and building blocks of the data protection regime are enhanced by the new General Data Protection Regulation and therefore the DPO will be very active in passing the message and requirements of the new data protection regime throughout the organization. This book explains the roles and responsiblies of the DPO, as well as highlights the potential cost of getting data protection wrong.
Dieses Buch gibt einen umfassenden rechtlichen Uberblick uber den Vertrieb von Waren und Dienstleistungen im Internet. Behandelt werden zentrale Bereiche des elektronischen Geschaftsverkehrs. Dazu zahlen beispielsweise das Vertragsrecht, Prozessrecht sowie das Fernabsatzrecht im Internet. Eine Reihe potentieller Rechtsprobleme werden dargestellt, die es zu wissen gilt, wenn man selbst Waren- und Dienstleistungsvertrage uber das Internet abschliesst oder sich anderweitig mit diesem Bereich beschaftigt. Dieses Buch dient als zuverlassiger und verstandlicher Rechtsberater, um sich in dem sehr komplexen Bereich des Vertriebs- und Fernabsatzrechts im Internet orientieren zu konnen. Es richtet sich sowohl an Praktiker aus Wirtschaft, Justiz und Anwaltschaft, als auch an Verbraucherschutzverbande und Wissenschaftler."
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.
This work offers assistance to those who already have good elementary Italian language skills and wish to expand their vocabulary with expressions used in the Italian media.It is directed towards the academically influenced reader as well as interested laypeople. Based on the style of an Italian daily newspaper, the themes presented cover a broad range of subjects from politics to business, justice, labor and social issues as well as cultural topics, the environment, traffic, and sports.
This book examines the legal and policy aspects of cyber-security. It takes a much needed look at cyber-security from a geopolitical perspective. Through this lens, it seeks to broaden the reader's understanding of the legal and political considerations of individuals, corporations, law enforcement and regulatory bodies and management of the complex relationships between them. In drawing on interviews conducted with experts from a wide range of fields, the book presents the reader with dilemmas and paradigms that confront law makers, corporate leaders, law enforcement, and national leaders. The book is structured in a novel format by employing a series of vignettes which have been created as exercises intended to confront the reader with the dilemmas involved in cyber-security. Through the use of vignettes, the work seeks to highlight the constant threat of cyber-security against various audiences, with the overall aim of facilitating discussion and reaction to actual probable events. In this sense, the book seeks to provide recommendations for best practices in response to the complex and numerous threats related to cyber-security. This book will be of interest to students of cyber-security, terrorism, international law, security studies and IR in general, as well as policy makers, professionals and law-enforcement officials.
The most extensive account yet of the lives of cybercriminals and the vast international industry they have created, deeply sourced and based on field research in the world's technology-crime hotspots. Cybercrime seems invisible. Attacks arrive out of nowhere, their origins hidden by layers of sophisticated technology. Only the victims are clear. But every crime has its perpetrator-specific individuals or groups sitting somewhere behind keyboards and screens. Jonathan Lusthaus lifts the veil on the world of these cybercriminals in the most extensive account yet of the lives they lead, and the vast international industry they have created. We are long past the age of the lone adolescent hacker tapping away in his parents' basement. Cybercrime now operates like a business. Its goods and services may be illicit, but it is highly organized, complex, driven by profit, and globally interconnected. Having traveled to cybercrime hotspots around the world to meet with hundreds of law enforcement agents, security gurus, hackers, and criminals, Lusthaus takes us inside this murky underworld and reveals how this business works. He explains the strategies criminals use to build a thriving industry in a low-trust environment characterized by a precarious combination of anonymity and teamwork. Crime takes hold where there is more technical talent than legitimate opportunity, and where authorities turn a blind eye-perhaps for a price. In the fight against cybercrime, understanding what drives people into this industry is as important as advanced security. Based on seven years of fieldwork from Eastern Europe to West Africa, Industry of Anonymity is a compelling and revealing study of a rational business model which, however much we might wish otherwise, has become a defining feature of the modern world.
Internet Marketplaces explains and analyses the legal questions and challenges posed by the increased use of online auctions and exchanges for business transactions. Rather than focusing on internet businesses as a whole, the author studies the rules related to closed internet marketplaces where commercial dealings are carried out. The book provides a detailed analysis of the new business models that are being employed, their legal structures, and the extent to which further work is still required to fill in the legal infrastructure.
This timely work examines the interplay between intellectual property protection and antitrust rules in the communications industry, with particular focus upon the role of externalities in that interplay. There is substantial discussion of the innovation process and of how companies leverage their intellectual property rights in order to obtain market leadership. Particular emphasis is also placed upon how legal doctrines have developed to cope with these issues, and related economic analysis is also discussed.
Invaluable guidance on the most important legal issues facing nonprofits today Internet communication is the lifeblood of countless nonprofit organizations, yet there exists no specific law to provide for its regulation. Without solid legal guidance, nonprofits risk not only missing out on the unlimited opportunities that the Internet has to offer, but also jeopardizing their tax-exempt status. The Nonprofits' Guide to Internet Communications Law analyzes and explains the laws applicable to Internet communications by nonprofit organizations. Nonprofit law expert Bruce Hopkins writes that with Congress and government agencies reluctant to create new law, it will ultimately be up to the courts to determine the future of Internet law affecting nonprofit organizations. Extrapolating from the underlying principles of existing law, Hopkins addresses the legal ramifications of Internet business activities, charitable-giving administration, fundraising programs, lobbying, political campaign activities, and more. The Nonprofits' Guide to Internet Communications Law proves an unparalleled resource for this emerging field.
This is the first book-length treatment of the advancement of EU global data flows and digital trade through the framework of European institutionalisation. Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play. It illustrates how the EU has pioneered high standards in data flows and how it engages in significant digital trade reforms, committed to those standards. The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to two of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.
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. |
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