European broadcasting policy has attracted attention from many disciplines because it has dual nature: cultural and commercial. This book offers a detailed treatment of European broadcasting law, set against an overview of policy in this area. In this respect the authors identify tensions within the EU polity as regards the appropriate level, purpose and mechanism of broadcast regulation. Key influences are problems of competence, the impact of changing technology and the consequences of increasing commercialisation. Furthermore, the focus of the analysis is on the practical implications of the legal framework on viewers, and the authors distinguish both between citizen and consumer and between the passive and active viewer. The underlying question is the extent to which those most in need of protection by regulation, given the purpose of broadcasting, are adequately protected.

Which state has and should have the right and power to regulate sites and online events? Who can apply their defamation or contract law, obscenity standards, gambling or banking regulation, pharmaceutical licensing requirements or hate speech prohibitions to any particular Internet activity? Traditionally, transnational activity has been 'shared out' between national sovereigns with the aid of location-centric rules which can be adjusted to the transnational Internet. But can these allocation rules be stretched indefinitely, and what are the costs for online actors and for states themselves of squeezing global online activity into nation-state law? Does the future of online regulation lie in global legal harmonisation or is it a cyberspace that increasingly mirrors the national borders of the offline world? This 2007 book offers some uncomfortable insights into one of the most important debates on Internet governance.

Customary Law of the Internet is the first book that deals comprehensively with the emergence of a new kind of law on the Internet that could be utilized by governments and private arbitrators to settle disputes and make better laws. This new kind of law is what once used to be the only source of legal rights and obligations: customary law. The author first addresses issues posed by the emergence of the Internet and analyses relevant international treaties, in particular the Convention on the Use of Electronic Communications in International Contracting. He then comes to the emerging customary norms developed by the Internet community, the importance of custom from an historical perspective and the nature of international custom. The concept of Internet custom is introduced, followed by a detailed methodology for evidencing customary norms in judicial proceedings. The last part of the book is devoted to the novel concept of autonomous Internet law, based on customary norms of the Internet community, arbitral and judicial awards, general principles of law, conventions, model laws, commonly used contract terms and technical standards. Several Internet customs are discussed in the area of intellectual property, electronic contracting, online advertising and transaction security. This book is addressed both to national and international governments, judges and arbitrators as well as to online traders, researchers and the Internet community as a whole. It is an important tool for academics and practitioners interested and active in cyberspace regulation and the Information Technology community. Dr Paul Przemyslaw Polanski (BBus, magister prawa) is presently a senior researcher at the Department of European Law, Faculty of Law, University of Warsaw, and Department of Information Systems, Leon Kozminski Academy of Entrepreneurship and Management (LKAEM), Warsaw. Previously, he worked as a computer programmer in the Australian IT industry and as a researcher at the University of Melbourne and Monash University. He also worked for legal offices in Poland, specializing in information technology law, contracts, property and EU law. Currently, he administers the e-learning platform www.elaw.pl. This is Volume 13 in the Information Technology and Law (IT&Law) Series

There is no comprehensive federal privacy statute that protects personal information. Instead, a patchwork of federal laws and regulations govern the collection and disclosure of personal information and has been addressed by Congress on a sector-by-sector basis. Some contend that this patchwork of laws and regulations is insufficient to meet the demands of today's technology. Congress, the Obama Administration, businesses, public interest groups and citizens are all involved in the discussion of privacy solutions. This book examines some of these efforts with respect to the protection of personal information and provides a brief overview of selected recent developments in the area of federal privacy law.

The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories - child pornography, extreme pornography, and adult pornography - the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.

Electronic Commerce and the Law 2nd Edition has been thoroughly updated in its examination of the law as it relates to electronic commerce. It offers students of business and information technology a comprehensive analysis of the legal environment for establishing and conducting business transactions over the Internet, identifying appropriate legal guidelines for business transactions in Australia and internationally. The authors address legal issues relating to electronic commerce such as copyright, intellectual property, privacy protection, taxation, security, consumer protection, cyberbanking, and electronic payment systems. The text also explores the impact of electronic commerce on the securities and gaming industries. The jargon-free writing style makes this text accessible to all students.

Since 25 May 2018 the General Data Protection Regulation 2016/679 (GDPR) has applied, representing a significant overhaul of data protection law in the European Union. Although it was drafted and passed by the European Union, the GDPR imposes obligations onto organisations anywhere, so long as they collect or target data relating to people in the EU. It is one of the toughest privacy and security laws in the world and harsh fines are levied against those who violate its privacy and security standards. This commentary provides a detailed examination of the individual articles of the GDPR and is an essential resource aimed at helping legal practitioners prepare for compliance. The second edition includes guidelines on the interpretation of the GDPR published by the European Data Protection Board as well as new case law by the Court of Justice of the European Union. This revised and updated edition includes: *a general introduction to data protection law; *full text of the GDPR's articles and recitals; *article-by-article commentary explaining the individual provisions and elements of each article. In addition to lawyers and in-house counsel, this book is also suitable for law professors and students, and offers comprehensive coverage of this increasingly important area of data protection legislation.

In 1996, Congress enacted comprehensive reform of the nation's statutory and regulatory framework for telecommunications by passing the Telecommunications Act, which substantially amended the 1934 Communications Act. The general objective of the 1996 Act was to open up markets to competition by removing unnecessary regulatory barriers to entry. At that time, the industry was characterised by service-specific networks that did not compete with one another: circuit-switched networks provided telephone service and coaxial cable networks provided cable service. The act created distinct regulatory regimes for these service-specific telephone networks and cable networks that included provisions intended to foster competition from new entrants that used network architectures and technologies similar to those of the incumbents. This 'intramodal' competition has proved very limited. But the deployment of digital technologies in these previously distinct networks has led to market convergence and 'intermodal' competition, as telephone, cable, and even wireless networks increasingly are able to offer voice, data, and video services over a single broadband platform. There is consensus that the current statutory framework is not effective in the current market environment, but not on how to modify it. The debate focuses on how to foster investment, innovation, and competition in both the physical broadband network and in the applications that ride over that network while also meeting the many non-economic objectives of U.S. telecommunications policy: universal service, homeland security, public safety, diversity of voices, localism, consumer protection, etc. This book explores these issues and includes the act in its entirety.

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.

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.

An adaptive cyber risk management guide from MIT scientist and Johns Hopkins professor Gregory Falco and "Cyber Czar" Eric Rosenbach Cyberattacks continue to grow in number, intensity, and sophistication. While attackers persistently adapt, business leaders have suffered from employing the same cyber risk management strategies for decades. Organizations must learn how to move past temporary solutions and invest in long-term resiliency measures to thrive in the future cyber economy. Confronting Cyber Risk: An Embedded Endurance Strategy for Cybersecurity is a practical leadership guidebook outlining a new strategy for improving organizational cybersecurity and mitigating cyber risk. Veteran cybersecurity experts Falco and Rosenbach introduce the Embedded Endurance strategy as a systems-level approach to cyber risk management which addresses interdependent components of organizational risk and prepares organizations for the inevitability of cyber threats over the long-term. Using real world examples from SolarWinds to the Colonial Pipeline attack, the authors extend beyond hardware and software to provide a thoughtful ten-step process for organizations to address the simultaneous operational, reputational, and litigation risks common to cyberattacks. They conclude with helpful "cryptograms" from the future, in which business leaders are confronted with the next generation of cyber risk challenges. Clear and informative, Confronting Cyber Risk provides CEOs and cyber newcomers alike with concrete guidance on how to implement a cutting-edge strategy to mitigate an organization's overall risk to malicious cyberattacks in an evolving cyber risk landscape.

Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found that 70 per cent of organisations surveyed had suffered a data breach in the previous year.
Privacy impact assessment is a tool, a process, a methodology to identify, assess, mitigate or avoid privacy risks and, in collaboration with stakeholders, to identify solutions.
Contributors to this book privacy commissioners, academics, consultants, practitioners, industry representatives are among the world s leading PIA experts. They share their experience and offer their insights to the reader in the policy and practice of PIA in Australia, Canada, New Zealand, the United Kingdom, the United States and elsewhere.
This book, the first such on privacy impact assessment, will be of interest to any organisation that collects or uses personal data and, in particular, to regulators, policy-makers, privacy professionals, including privacy, security and information officials, consultants, system architects, engineers and integrators, compliance lawyers and marketing professionals.
In his Foreword, surveillance studies guru Gary Marx says, This state-of-the-art book describes the most comprehensive tool yet available for policy-makers to evaluate new personal data information technologies before they are introduced. This book could save your organisation many thousands or even millions of euros (or dollars) and the damage to your organisation s reputation and to the trust of employees, customers or citizens if it suffers a data breach that could have been avoided if only it had performed a privacy impact assessment before deploying a new technology, product, service or other initiative involving personal data.
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Chapter 1 INTRODUCTION 1. 1 Research Objective 1 The modern State is unlikely to be the end configuration of organized political life. Throughout history, both the nature and manifestation of political organization have continuously adapted to the specific needs of the age. Despite the natural tendency of organizations to retain a certain status quo, there is no reason to suggest that the dominant form of political organization, the State, has lost the ability to adapt to changing circumstances. Today's needs are shaped by a process of glob- ization increasing the level of transnational interdependence between actors in terms of social, economic and political activity. As such, this process is likely to inform the next transformation of organized political life. This inquiry sets out to shed some light on the consequences of this transformation for the modern State in the view of its constitutional commitments and responsibilities using the Internet's - terdependency-imposing nature as foundation for the inquiry. In investigating the way in which traditional public commitments and responsibilities take shape on the Internet, this inquiry aims to further our understanding of how globalization inf- ences decision making in the public interest. The vast amount of literature on the effects of globalization on the State roughly divides into three categories. The first strand of literature stresses the economic dimension of globalization.

Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.

A comprehensive, structured, and up-to-date introduction to the law governing the dissemination of information in a computer-mediated world in China, Internet Law in China stresses the practical applications of the law that are encountered by all individuals and organizations in Chinese cyberspace, but always in the light of theoretical underpinnings. Among the overarching topics treated in the Chinese context are the following: intellectual property protection in cyberspace; privacy of communication and data privacy; electronic contract forming and electronic signature; personal, domestic and international jurisdiction; and free expression in cyberspace. This book is particularly valuable to legal, business, and communication professionals, academics, and students concerned with the regulation of the Internet and related activities in China. It is the first book to focus solely on Chinese Internet law.

To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.

The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.

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.

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.

Life now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code by which their rights and obligations have been regulated. This book describes the problems that accompanied the Old Code (which will continue to regulate existing installations and agreements); and the intended solutions under the New Code. The eminent team of authors explain the background, provisions and operation of the old code and the new one, providing practical and jargon-free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions. All members of Falcon Chambers, comprising nine Queen's Counsel and 30 junior barristers, specialise in property law and allied topics, including the various incarnations of the Electronic Communications Code. Members of Falcon Chambers, including all the authors of this new work, have for many years lectured and written widely on the code, and have appeared (acting for both operators and landowners) in many of the few reported cases on the subject of the interface between property law and the code, including for example: Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2010); Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2011); Crest Nicholson (Operations) Ltd v Arqiva Services Ltd (2015); Brophy v Vodafone Ltd (2017).

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.

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.

This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up-to-date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last 20 years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.

Im Rahmen des Spitzenclusters it's OWL sind in den letzten 5 Jahren technisch innovative Loesungen entstanden, die den Unternehmen einen Wettbewerbsvorsprung ermoeglichen. Dieses Know-how abzusichern und gegen Plagiatoren zu schutzen, ist Gegenstand des Projekts Pravention gegen Produktpiraterie gewesen. Entstanden sind durchgangige Methodenketten zur Erarbeitung von ganzheitlichen Schutzkonzeptionen, die weit uber die isolierten Ansatze konstruktiver Gestaltung des Produktes oder Markierungstechniken hinausgehen. Die Autoren zeigen die Systematik auf und belegen anhand von Praxisbeispielen, wie sie anzuwenden ist: Von der Analyse der Bedrohung, uber die Festlegung von Schutzmassnahmen bis hin zur Gestaltung von Bauteilen mit Hilfe moderner additiver Fertigungsverfahren, die Reverse Engineering erschweren. Das Buch zielt auf Praktiker in der Industrie, die sich mit dem Schutz ihrer Produkte befassen.