This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

Cloud computing continues to expand dramatically and the 'as a Service' model is now both mainstream and ubiquitous. Cloud now encompasses everything from the remote provision of essential computer processing and storage resources, through to delivery of complex business and government services, logistics, healthcare, education, and entertainment. The Covid-19 pandemic provided a striking demonstration of cloud computing's global scalability and resilience, as billions of workers and students switched in a matter of weeks to working and studying 'from home'. This book delivers an accessible analysis of the key legal and regulatory issues that surround cloud computing. Topics covered include contracts for cloud services, information ownership and licensing, privacy and data protection, standards and competition law, law enforcement access to data, and international tax models for cloud and other digital services. The book is organised in four parts. Part I explains what cloud computing is, why it matters, and what non-technical readers need to know about how it works. Part II includes a detailed review of standard contracts for 40 cloud services and highlights key legal and commercial issues that arise in negotiated transactions for cloud services. Ownership of, and access to, 'digital assets' are also explored. Part III focusses on the application of data protection and cybersecurity rules, including an in-depth assessment of the impact of the EU's General Data Protection Regulation (GDPR) on providers and users of cloud services. Finally, Part IV addresses governance issues relating to public sector use of cloud, access to cloud data by law enforcement authorities, competition rules and standards, and the disruption to global taxation models caused by the rapid shift to cloud services.

As identity theft and corporate data vulnerability continue to escalate, corporations must protect both the valuable consumer data they collect and their own intangible assets. Both Congress and the states have passed laws to improve practices, but the rate of data loss persists unabated and companies remain slow to invest in information security. Engaged in a bottom-up investigation, "Harboring Data" reveals the emergent nature of data leakage and vulnerability, as well as some of the areas where our current regulatory frameworks fall short.
With insights from leading academics, information security professionals, and other area experts, this original work explores the business, legal, and social dynamics behind corporate information leakage and data breaches. The authors reveal common mistakes companies make, which breaches go unreported despite notification statutes, and surprising weaknesses in the federal laws that regulate financial data privacy, children's data collection, and health data privacy. This forward-looking book will be vital to meeting the increasing information security concerns that new data-intensive business models will have.

In this riveting, behind-the-scenes courtroom drama, a brilliant legal team battles corporate greed and government overreach for our fundamental right to control our genes. When attorney Chris Hansen learned that the U.S. government was issuing patents for human genes to biotech companies, his first thought was, How can a corporation own what makes us who we are? Then he discovered that women were being charged exorbitant fees to test for hereditary breast and ovarian cancers, tests they desperately needed--all because Myriad Genetics had patented the famous BRCA genes. So he sued them. Jorge L. Contreras, one of the nation's foremost authorities on human genetics law, has devoted years to investigating the groundbreaking civil rights case known as AMP v. Myriad. In The Genome Defense Contreras gives us the view from inside as Hansen and his team of ACLU lawyers, along with a committed group of activists, scientists, and physicians, take their one-in-a-million case all the way to the U.S. Supreme Court. Contreras interviewed more than a hundred key players involved in all aspects of the case--from judges and policy makers to ethicists and genetic counselors, as well as cancer survivors and those whose lives would be impacted by the decision--expertly weaving together their stories into a fascinating narrative of this pivotal moment in history. The Genome Defense is a powerful and compelling story about how society must balance scientific discovery with corporate profits and the rights of all people.

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.

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.

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).

Since the last edition of this book was published, numerous changes have occurred in the telecommunications sector, at a national, European, and international level. Telecommunications Law and Regulation takes these changes into account, including an examination of the*adoption of Directive 2014/61/EU on the measures to reduce to cost of deploying electronic communication networks; Directive 2014/53/EU on radio equipment; Regulation 2015/2120 on 'open internet access' and roaming; and the implications of Brexit on the UK telecommunications sector. There is also coverage of substantial regulatory developments in US law since 2012, including the FCC's order on 'Protecting and Promoting the Open Internet' (March 2015). Written by leading experts, it is essential reading for legal practitioners and academics involved in the telecommunications industry.

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.

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.

Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field. The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection. The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication. The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.

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.

Over 70 countries and various international organizations have adopted data protection and privacy laws that regulate the cross-border transfer of personal data outside their borders. In an era of globalization and the Internet, these restrictions have immense implications for citizens, companies, and governments. This work, written by a renowned expert on data protection law, examines the history, policies, and future of transborder data flow regulation. Kuner traces the history of regulation in different regions, beginning with the earliest European laws in the 1970s, through to leading regional and international instruments of the EU, OECD, Council of Europe, APEC, and other bodies. He also considers regulation developed by the private sector, such as contractual clauses and binding corporate rules. The work then analyses policies underlying such regulation and the legal issues involved, including human rights law, public international law, and EU law. Presenting a global analysis of this important subject, Kuner also discusses the future development of transborder data flow regulation, and gives policy recommendations.

Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges.
Aplin, Bently, Johnson, and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence. The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law.
Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

In 1787, Thomas Jefferson, then the American Minister to France, had the complete skeleton, skin & horns of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson's efforts, David Post, one of the nation's leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace--what it is, how it works, and how it should be governed. What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled? Should they be controlled? And by whom?Post presents the Jeffersonian ideal--small self-governing units, loosely linked together as peers in groups of larger and larger size--as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson's writings on the New World in Notes on the State of Virginia, Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson's views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace. In Search of Jefferson's Moose is a lively, accessible, and remarkably original overview of the Internet and what it holds for the future.

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.

Vermittelt einen UEberblick uber den Prozess der Patenterteilung Macht bewusst, dass Patente auf Erfindungen auch im Interesse der Wissenschaftler sind Vermittelt Kompetenzen, um die eigene Patentanmeldung effektiv mit dem Patentfachmann zu gestalten

The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model 'known as meta regulation, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.

Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.

Designed specifically for students, Blackstone's Statutes leads the market in providing a carefully selected, regularly updated, and well sourced resources for law students collection of legislation for the core subjects and major options offered on the law syllabus.
Each title is ideal for use throughout the course and in exams providing the student with:

.Unparalleled coverage
.Unannotated primary and secondary legislation
.Detailed tables of content to aid quick and efficient research
.Up-to-date and relevant material
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