This book describes how non-profit organisations (NPOs) communicate what they constitute, signal success and display sustainability in order to convince stakeholders to provide essential resources. Reports on intellectual capital offer a worthwhile approach. Based on empirical research, the book highlights the essential resources for NPOs and on the demand imposed on organisations, as well as the dependencies of those resources and demands. This insight helps NPOs to provide necessary information while keeping the disclosure to a minimum and thus not giving away possible competitive advantages. Further, the status-quo of IC disclosure in Germany is presented and a theoretical framework for the motivation for NPOs to disclose information on their IC is presented. Researchers will find these findings a solid foundation for further research. Finally, a framework for the disclosure of intellectual capital is provided to support practitioners.

Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.

Now in its second edition, this work contains a collection of sample agreements, presenting annotated contracts from the digital media sector in typical formats used by the industry. It includes agreements for wireless apps, digital downloads, user generated content, social networks, and cloud content. The work goes beyond traditional precedents by giving practical, business-minded commentary and background information to assist both readers intending to draft their own documents and those looking for hands-on guidance when reviewing standard form documents received from other parties. Its commercially-grounded approach will be of value to business affairs teams, entrepreneurs and start-ups in the digital media space as well as legal professionals working in private practice or in-house. Its primary jurisdictional focus is the UK but its scope is international with extensive comparative law comments and practical cross-border guidance for our connected online world. This sector-specialist guide is now supported by an accompanying website with agreements available to download and edit, as well as additional supporting material in the text itself .

What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.

This brand new title brings together the different streams of the transfer landscape and outlines the separate legal rules all in one accessible place. Data transfers (under data protection legal rules) are one of the most discussed areas of data protection, and are currently undergoing mass change. Following on from Brexit, professionals now have more than one set of transfer rules to comply with, including: - New Adequacy Decision - New Standard Contracts - Forthcoming UK Contracts - Consultation on future laws

'Cyber Crime: Law and Practice', now in its second edition, tackles the fast-growing topic of cyber crime and covers a wide range of issues from electronic fraud, data, interception of communications, cyber stalking, online theft and intellectual property to more involved topics like malicious communications and the rules of evidence relating to cyber-crimes and computers. The second edition contains updated information on: New Offences under the Computer Misuse Act 1990, Investigatory Powers Act 2016, Data Protection Act 2018 and GDPR, and new CPS guidance on prosecution of offences relating to social media. Using detailed case studies, examples and statutory extracts the author explains all aspects of cyber crime and computer crime. 'Cyber Crime: Law and Practice' provides a practical, easy-to-follow guide for practitioners in the field, as well as those in law enforcement and academia.

Much debate has been given as to whether computer security is improved through the full disclosure of security vulnerabilities versus keeping the problems private and unspoken. Although there is still tension between those who feel strongly about the subject, a middle ground of responsible disclosure seems to have emerged. Unfortunately, just as we've moved into an era with more responsible disclosure, it would seem that a market has emerged for security vulnerabilities and zero day exploits. Disclosure of Security Vulnerabilities: Legal and Ethical Issues considers both the ethical and legal issues involved with the disclosure of vulnerabilities and explores the ways in which law might respond to these challenges.

This book critiques the contemporary recourse to transparency in law and policy. This is, ostensibly, the information age. At the heart of the societal shift toward digitalisation is the call for transparency and the liberalisation of information and data. Yet, with the recent rise of concerns such as 'fake news', post-truth and misinformation, where the policy responses to all these phenomena has been a petition for even greater transparency, it becomes imperative to critically reflect on what this dominant idea means, whom it serves, and what the effects are of its power. In response, this book provides the first sustained critique of the concept of transparency in law and policy. It offers a concise overview of transparency in law and policy around the world, and critiques how this concept works discursively to delimit other forms of governance, other ways of knowing and other realities. It draws on the work of Michel Foucault on discourse, archaeology and genealogy, together with later Foucaultian scholars, including Gayatri Chakravorty Spivak and Judith Butler, as a theoretical framework for challenging and thinking anew the history and understanding of what has become one of the most popular buzzwords of 21st century law and governance. At the intersection of law and governance, this book will be of considerable interest to those working in these fields; but also to those engaged in other interdisciplinary areas, including society and technology, the digital humanities, technology laws and policy, global law and policy, as well as the surveillance society.

Providing a scholarly analysis of how to govern and make the right kinds of laws for cyberspace, in this work, Professor Reed investigates the vast majority of cyberspace users who wish to act lawfully and asks whether the current state of law in cyberspace makes it possible for them to do so. If not, why not, and what is the cure?
In this book, Professor Reed puts forward a new model for cyberspace laws which focuses on human actions rather than the technology used. Arguing that, in cyberspace, law works primarily through voluntary obedience rather than fear of enforcement, Professor Reed explains his thoughtful and controversial new viewpoint as to how cyberspace laws should be devised and re-opens the debate as to the value of law for regulating cyberspace and how best to influence the behaviour of cyberspace actors. The only text to comprehensively analyse European cyberspace lawmaking, this book provides a new perspective to the debate about the proper shape and scope of internet laws.

Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy?
These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment.
Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying.
Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity.
The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.

Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world.

It's a book about the fate of one idea - that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI.

In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices.

Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance.

Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace and globalization communities.

As technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. In this context, the question of how to determine authorship - and hence ownership - of copyright in collaborative works is an important question to which current copyright law fails to provide a coherent or consistent answer. In Copyright and Collective Authorship, Daniela Simone engages with the problem of how to determine the authorship of highly collaborative works. Employing insights from the ways in which collaborators understand and regulate issues of authorship, the book argues that a recalibration of copyright law is necessary, proposing an inclusive and contextual approach to joint authorship that is true to the legal concept of authorship but is also more aligned with creative reality.

How can law ethically regulate a future of fast-changing technologies? From recent inventions to science fiction, Future Law explores how law, ethics and regulation must respond to new technologies that challenge the boundaries of our ethics.

Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media. Fully up to date, the book provides extensive coverage of crucial recent developments in this field; these include: the key cases of Ashworth and Punch in the area of contempt; the ground-breaking privacy decisions in Von Hannover v Germany and Campbell v MGN; full consideration of theoretical approaches to explicit speech and blasphemy, including a detailed critique of Strasbourg case-law in the area; detailed discussion of the new offence of incitement to religious hatred; the new scheme for content regulation of broadcasting under the Communications Act 2003 in the light of Prolife Alliance; a full survey of recent domestic and Strasbourg caselaw in the areas of copyright and political defamation, and analysis of the early impact of the Freedom of Information Act. The authors - both leading academics in the field - have drawn on significant comparative decisions to formulate a coherent and provocative critique of the relationship between media law and freedom of expression, and suggested principles which make a significant contribution to the legal discourse surrounding media freedom in the Human Rights Act era. The result is a book which provides a scholarly and theoretically informed analysis of this very topical subject, of interest to those studying at all levels and practising in this area of law.

Will cyberanarchy rule the net? And if we do find a way to regulate our cyberlife will national borders dissolve as the Internet becomes the first global state? In this provocative new work, Jack L. Goldsmith and Tim Wu dismiss the fashionable talk of both a 'borderless' net and of a single governing 'code'. Territorial governments can and will, they contend, exercise significant control over all aspects of Internet communications. Examining policy puzzles from e-commerce to privacy, speech and pornography, intellectual property, and cybercrime, Who Controls the Internet demonstrates that individual governments rather than private or global bodies will play that dominant role in regulation. Accessible and controversial, this work is bound to stir comment.

Now available in a paperback edition, law and technology guru Richard Susskind, author of bestselling The Future of Law, brings together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including key topics such as knowledge management and the impact of electronic commerce and electronic government. This edition includes a new Preface, in which Susskind puts forward his views on the burst of the dotcom bubble, offers an extension to his Grid to cover in-house lawyers, and comments on the next big things in this area: e-learning, document assembly, online dispute resolution, e-mail management, and matter-centric systems.

Highly publicized legal cases, such as those involving libel verdicts, obscenity prosecutions, the First Amendment, and other areas of media law have focused attention on only one part of the media's impact on law. This study, the first to explore the broad influence of computers and television on the future of the legal process, explains the critical role of information and argues that the influence of the new modes of communication can be seen in changes occurring in many areas of the law. These areas include the goals and purposes of law, the doctrines and rules of law, the processes law uses to settle disputes and shape behavior, the legal profession, and the values and concepts that underlie our system of law.

This is the first textbook introducing law to computer scientists. The book covers privacy and data protection law, cybercrime, intellectual property, private law liability and legal personhood and legal agency, next to introductions to private law, public law, criminal law and international and supranational law. It provides an overview of the practical implications of law, their theoretical underpinnings and how they affect the study and construction of computational architectures. In a constitutional democracy everyone is under the Rule of Law, including those who develop code and systems, and those who put applications on the market. It is pivotal that computer scientists and developers get to know what law and the Rule of Law require. Before talking about ethics, we need to make sure that the checks and balances of law and the Rule of Law are in place and complied with. Though it is focused on European law, it also refers to US law and aims to provide insights into what makes law, law, rather than brute force or morality, demonstrating the operations of law in a way that has global relevance. This book is geared to those who have no wish to become lawyers but are nevertheless forced to consider the salience of legal rights and obligations with regard to the construction, maintenance and protection of computational artefacts. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

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.

Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.

When people think of hackers, they usually think of a lone wolf acting with the intent to garner personal data for identity theft and fraud. But what about the corporations and government entities that use hacking as a strategy for managing risk? Why Hackers Win asks the pivotal question of how and why the instrumental uses of invasive software by corporations and government agencies contribute to social change. Through a critical communication and media studies lens, the book focuses on the struggles of breaking and defending the "trusted systems" underlying our everyday use of technology. It compares the United States and the European Union, exploring how cybersecurity and hacking accelerate each other in digital capitalism, and how the competitive advantage that hackers can provide corporations and governments may actually afford new venues for commodity development and exchange. Presenting prominent case studies of communication law and policy, corporate hacks, and key players in the global cybersecurity market, the book proposes a political economic model of new markets for software vulnerabilities and exploits, and clearly illustrates the social functions of hacking.