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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
This innovative book sets itself at the crossroads of several rapidly developing areas of research in legal and global studies related to social computing, specifically in the context of how public emergency responders appropriate content on social media platforms for emergency and disaster management. The book - a collaboration between computer scientists, ethicists, legal scholars and practitioners - should be read by anyone concerned with the ongoing debate over the corporatization and commodification of user-generated content on social media and the extent to which this content can be legally and ethically harnessed for emergency and disaster management. The collaboration was made possible by EU's FP 7 Project Slandail (# 607691, 2014-17).
Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker. Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law. By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls "plan-like architectures," endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets.
Digital Evidence and Computer Crime, Third Edition, provides the knowledge necessary to uncover and use digital evidence effectively in any kind of investigation. It offers a thorough explanation of how computer networks function, how they can be involved in crimes, and how they can be used as a source of evidence. In particular, it addresses the abuse of computer networks as well as privacy and security issues on computer networks. This updated edition is organized into five parts. Part 1 is about digital forensics and covers topics ranging from the use of digital evidence in the courtroom to cybercrime law. Part 2 explores topics such as how digital investigations are conducted, handling a digital crime scene, and investigative reconstruction with digital evidence. Part 3 deals with apprehending offenders, whereas Part 4 focuses on the use of computers in digital investigation. The book concludes with Part 5, which includes the application of forensic science to networks. New to this edition are updated information on dedicated to networked Windows, Unix, and Macintosh computers, as well as Personal Digital Assistants; coverage of developments in related technology and tools; updated language for search warrant and coverage of legal developments in the US impacting computer forensics; and discussion of legislation from other countries to provide international scope. There are detailed case examples that demonstrate key concepts and give students a practical/applied understanding of the topics, along with ancillary materials that include an Instructor's Manual and PowerPoint slides. This book will prove valuable to computer forensic students and professionals, lawyers, law enforcement, and government agencies (IRS, FBI, CIA, CCIPS, etc.).
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. 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.
AI and people do not compete on a level-playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human well-being. This work should be read by anyone interested in the rapidly evolving relationship between AI and the law.
Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.
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 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.
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.
Is social media changing who we are? We assume social media is only a tool for our modern day communications and interactions, but is it quietly changing our identities and how we see the world and one another? Our current debate about the human behaviors behind social media misses the important effects these social networking technologies are having on our sense of shared morality and rationality. There has been much concern about the loss of privacy and anonymity in the Information Age, but little attention has been paid to the consequences and effects of social media and the behavior they engender on the Internet. In order to understand how social media influences our morality, Lisa S. Nelson suggests a new methodological approach to social media and its effect on society. Instead of beginning with the assumption that we control our use of social media, this book considers how the phenomenological effects of social media influences our actions, decisions, and, ultimately, who we are and who we become. This important study will inform a new direction in policy and legal regulation for these increasingly important technologies.
Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.
For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of IP, and lawyers and philosophers interested in the property debate.
Cyber Mercenaries explores the secretive relationships between states and hackers. As cyberspace has emerged as the new frontier for geopolitics, states have become entrepreneurial in their sponsorship, deployment, and exploitation of hackers as proxies to project power. Such modern-day mercenaries and privateers can impose significant harm undermining global security, stability, and human rights. These state-hacker relationships therefore raise important questions about the control, authority, and use of offensive cyber capabilities. While different countries pursue different models for their proxy relationships, they face the common challenge of balancing the benefits of these relationships with their costs and the potential risks of escalation. This book examines case studies in the United States, Iran, Syria, Russia, and China for the purpose of establishing a framework to better understand and manage the impact and risks of cyber proxies on global politics.
Cyber Mercenaries explores the secretive relationships between states and hackers. As cyberspace has emerged as the new frontier for geopolitics, states have become entrepreneurial in their sponsorship, deployment, and exploitation of hackers as proxies to project power. Such modern-day mercenaries and privateers can impose significant harm undermining global security, stability, and human rights. These state-hacker relationships therefore raise important questions about the control, authority, and use of offensive cyber capabilities. While different countries pursue different models for their proxy relationships, they face the common challenge of balancing the benefits of these relationships with their costs and the potential risks of escalation. This book examines case studies in the United States, Iran, Syria, Russia, and China for the purpose of establishing a framework to better understand and manage the impact and risks of cyber proxies on global politics.
In The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment's protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The United States of Anonymous weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.
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." "Robert McChesney is one of the nation's most important analysts
of the media." 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.
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.
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