Praise for Robert W. McChesney

"Robert McChesney's work has been of extraordinary importance. . . . It should be read with care and concern by people who care about freedom and basic rights."
--Noam Chomsky

"Robert McChesney is one of the nation's most important analysts of the media."
--Howard Zinn

The symptoms of the crisis of the U.S. media are well-known--a decline in hard news, the growth of info-tainment and advertorials, staff cuts and concentration of ownership, increasing conformity of viewpoint and suppression of genuine debate. McChesney's new book, The Problem of the Media, gets to the roots of this crisis, explains it, and points a way forward for the growing media reform movement.

Moving consistently from critique to action, the book explores the political economy of the media, illuminating its major flashpoints and controversies by locating them in the political economy of U.S. capitalism. It deals with issues such as the declining quality of journalism, the question of bias, the weakness of the public broadcasting sector, and the limits and possibilities of antitrust legislation in regulating the media. It points out the ways in which the existing media system has become a threat to democracy, and shows how it could be made to serve the interests of the majority.

McChesney's "Rich Media, Poor Democracy" was hailed as a pioneering analysis of the way in which media had come to serve the interests of corporate profit rather than public enlightenment and debate. Bill Moyers commented, "If Thomas Paine were around, he would have written this book." The Problem of the Media is certain to be a landmark in media studies, a vital resource for media activism, and essential reading for concerned scholars and citizens everywhere.

Although over 100 countries have developed data privacy laws, there is a lack of expert guidance on these laws. This text examines the fundamental aims and principles of data privacy law, along with the mechanisms for its enforcement in an international context. Bygrave analyses relevant law from around the globe, paying particular attention to international instruments and using these as a foundation for examining national law. He also places data privacy law within a broader legal and political framework, focusing upon its interrelation with related fields, such as human rights, administrative law, and, intellectual property rights.

Die Auswirkungen der Digitalisierung auf das strafprozessuale Beweisrecht sind im digitalen Zeitalter von besonderer Bedeutung. Die Autorin analysiert die Probleme, die mit der zunehmenden Einfuhrung digitaler Beweismittel einhergehen und arbeitet diese unter Vergleich der bestehenden Regelungen auf. Informationstechnisch liegt der Fokus auf der Bewertung der Beweis- und Manipulationssicherheit, sowie der Darstellung der zunehmenden Rolle der IT-Forensik. Letztlich kommt sie zu dem Ergebnis, dass die spezifischen Beweisprobleme nur unter Berucksichtigung der Doppelnatur digitaler Beweise aufzuklaren sind.

Selected chapters from this book are published open access and free to read or download from Oxford Scholarship Online, https://oxford.universitypressscholarship.com/. Since Digital Dominance was published in 2018, a global consensus has emerged that technology platforms should be regulated. Governments from the United States to Australia have sought to reduce the power of these platforms and curtail the dominance of a few, yet regulatory responses remain fragmented, with some focused solely on competition while others seek to address issues around harm, privacy, and freedom of expression. Regulating Big Tech condenses the vibrant tech policy debate into a toolkit for the policy maker, legal expert, and academic seeking to address one of the key issues facing democracies today: platform dominance and its impact on society. Contributors explore elements of the toolkit through comprehensive coverage of existing and future policy on data, antitrust, competition, freedom of expression, jurisdiction, fake news, elections, liability, and accountability, while also identifying potential policy impacts on global communication, user rights, public welfare, and economic activity. With original chapters from leading academics and policy experts, Regulating Big Tech sets out a policy framework that can address interlocking challenges of contemporary tech regulation and offer actionable solutions for our technological future.

'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.

The information revolution has transformed both modern societies and the way in which they conduct warfare. Cyber Warfare and the Laws of War analyses the status of computer network attacks in international law and examines their treatment under the laws of armed conflict. The first part of the book deals with the resort to force by states and discusses the threshold issues of force and armed attack by examining the permitted responses against such attacks. The second part offers a comprehensive analysis of the applicability of international humanitarian law to computer network attacks. By examining the legal framework regulating these attacks, Heather Harrison Dinniss addresses the issues associated with this method of attack in terms of the current law and explores the underlying debates which are shaping the modern laws applicable in armed conflict.

This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and enforcing rights in a changing world. It is one of the results of the 14th annual International Conference on Computers, Privacy and Data Protection (CPDP), which took place online in January 2021. The pandemic has produced deep and ongoing changes in how, when, why, and the media through which, we interact. Many of these changes correspond to new approaches in the collection and use of our data - new in terms of scale, form, and purpose. This raises difficult questions as to which rights we have, and should have, in relation to such novel forms of data processing, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, such as: digital sovereignty; art and algorithmic accountability; multistakeholderism in the Brazilian General Data Protection law; expectations of privacy and the European Court of Human Rights; the function of explanations; DPIAs and smart cities; and of course, EU data protection law and the pandemic - including chapters on scientific research and on the EU Digital COVID Certificate framework. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

The information revolution has transformed both modern societies and the way in which they conduct warfare. Cyber Warfare and the Laws of War analyses the status of computer network attacks in international law and examines their treatment under the laws of armed conflict. The first part of the book deals with the resort to force by states and discusses the threshold issues of force and armed attack by examining the permitted responses against such attacks. The second part offers a comprehensive analysis of the applicability of international humanitarian law to computer network attacks. By examining the legal framework regulating these attacks, Heather Harrison Dinniss addresses the issues associated with this method of attack in terms of the current law and explores the underlying debates which are shaping the modern laws applicable in armed conflict.

Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.

Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.

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.

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.

Welche rechtlichen Grenzen sollen bei der Mitwirkung von Kindern und Jugendlichen in den Medien gelten? Diese Frage ist nicht nur Gegenstand einer gesamtgesellschaftlichen Diskussion, sondern bewegt spatestens seit den "Caroline"-Urteilen auch die juristische Welt. Die Autorin erlautert nicht nur die rechtlichen Grundlagen fur minderjahrige Akteure in Medien und sozialen Netzwerken, sondern zeigt auch die vorhandenen Schutzlucken auf. Anhand konkreter Massnahmen empfiehlt Sie, die aktuelle Rechtslage zu reformieren, um dem verfassungsrechtlich garantierten Schutz Minderjahriger, aber auch der Meinungs- und Pressefreiheit, gerecht zu werden.

The internet has the potential to increase the number of cross-border disputes between a wide range of different users. For many internet disputes, the use of Online Dispute Resolution (ODR) becomes critical. ODR uses information technology (such as expert systems) and internet communication applications (such as webforms or web filing platforms) to resolve disputes outside the courts. Although ODR is a progeny of ADR, using some of the same processes such as mediation and arbitration, ODR is also different in that it adds new and transformative technology and processes. This book, first published in 2009, sets out the process standards with which ODR, and in particular online arbitration, should comply and shows how these standards can be implemented in the real world. It considers applicable law and enforcement, thus providing a blueprint of how online arbitration processes should be devised.

Canadian Communication Policy and Lawprovides a uniquely Canadian focus and perspective on telecommunications policy, broadcasting policy, internet regulation, freedom of expression, censorship, defamation, privacy, government surveillance, intellectual property, and more. Taking a critical stance, Sara Bannerman draws attention to unequal power structures by asking the question, whom does Canadian communication policy and law serve? Key theories for analysis of law and policy issues-such as pluralist, libertarian, critical political economy, Marxist, feminist, queer, critical race, critical disability, postcolonial, and intersectional theories-are discussed in detail in this accessibly written text. From critical and theoretical analysis to legal research and citation skills, Canadian Communication Policy and Law encourages deep analytic engagement. Serving as a valuable resource for students who are undertaking research and writing on legal topics for the first time, this comprehensive text is well suited for undergraduate communication and media studies programs. Features: Includes a practical chapter on how to do legal and policy research and how to cite legal sources Contains in-text pedagogy including suggested readings and a comprehensive glossary.

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.

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.

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work's novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

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.

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.

Now in its sixth edition, this invaluable handbook provides a complete guide to the practical application of data protection law in the UK. It is fully updated and expanded to include coverage of significant developments in the practice of data protection, and takes account of new legislation since the last edition. The sixth edition includes coverage of the Data Protection Act 2018, Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019, and the European Union (Withdrawal Agreement) Act 2020, and contains relevant analysis of the effect of Brexit on UK data protection law. Data Protection: A Practical Guide to UK Law is essential reading for all those working with data protection issues, including in compliance departments in both the public and private sectors, as well as in-house and private practice lawyers, company secretaries, HR Officers, marketing executives and IT specialists.

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.

Our society has a technology problem. Many want to disconnect from screens but can't help themselves. These days we spend more time online than ever. Some turn to self-help-measures to limit their usage, yet repeatedly fail, while parents feel particularly powerless to help their children. Unwired: Gaining Control over Addictive Technologies shows us a way out. Rather than blaming users, the book shatters the illusion that we autonomously choose how to spend our time online. It shifts the moral responsibility and accountability for solutions to corporations. Drawing lessons from the tobacco and food industries, the book demonstrates why government regulation is necessary to curb technology addiction. It describes a grassroots movement already in action across courts and legislative halls. Groundbreaking and urgent, Unwired provides a blueprint to develop this movement for change, to one that will allow us to finally gain control.

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.