An established authority in the field, this is the core reference work for practitioners on electronic communications in the European Union. Giving insight into the regulations, the work provides a thorough analysis of the competition rules and regulatory framework applicable to electronic communications networks and services within the European Union. Electronic communications encompass all forms of electronic transmission of information, including telecommunications, broadcasting, and the internet. This second edition is updated to reflect the new regulatory package which has made changes to some of the fundamental mechanisms. A brand new section on data protection also features, giving an authoritative account of the legislation in the important new area of privacy protection in electronic networks. Detailed coverage of the recent case law of the Europan courts is provided including the European Commission's cases on the coordination mechanism for the relations between national regulatory authorities. The author team provides a wealth of expert knowledge on both regulation and general competition law, combining the first hand experience of Peter Rodford and rigorous academic analysis from Paul Nihoul. Peter Rodford is a former Head of the European Commission unit responsible for regulatory policy in electronic communications and took part on behalf of the Commission in the recent negotiation with the European Parliament and Council on the amendments to the EU regulatory framework.

A complex network of regulatory systems has arisen around the provision of media in Europe. In this connection regulating content is a focal point, as content is not only of economic but of vital cultural importance. At Community level a wide variety of measures have been taken to promote this branch of industry, especially in fields in which new and innovative digital technologies are used to enhance the market potential of content and creative products and services. This important book focuses on regulatory interventions in the content industry under Community law. It offers an in-depth perspective on the functioning of the European legal framework for the content industry, its guiding principles, and its explicit and sometimes more fluid interface with policy areas falling largely into Member States competences. In this aspect, the book can also be read as an analysis of the impact of the cooperation between European and Member State regulation when economic as well as social, democratic, and cultural policy goals are at stake. Among the areas of content regulation covered are: legal definitions related to the content industry; branches of the content industry broken down according to content category and distribution system; the division of competences between the EC and the Member States in cultural affairs; Community projects relevant to the content industry; competition rules relating to distribution; market entry and access regulation in the electronic communication markets; specific regulation for such considerations as the protection of minors, protection of health, protection of consumers, and protection of personal rights; ensuring and safeguarding functioning market structures in the content markets; and, harmonization and coordination measures. The basis of this book was a research project commissioned by the Austrian Federal Chancellery in preparation for a seminar supported by the European Commission in connection with Austria's Council Presidency in the first half of 2006. As a systematic overview and analysis of the legal bases of European content regulation, this book will be of extraordinary value to practitioners, policymakers, officials, and academics in the fields of media and communications law. Beyond that, the work sheds a clear and defining light on an area that has an important role to play in the future economic growth and the development of a competitive business environment in Europe.

This book provides a comparison and practical guide of the data protection laws of Canada, China (Hong Kong, Macau, Taiwan), Laos, Philippines, South Korea, United States and Vietnam. The book builds on the first book Data Protection Law. A Comparative Analysis of Asia-Pacific and European Approaches, Robert Walters, Leon Trakman, Bruno Zeller. As the world comes to terms with Artificial Intelligence (AI), which now pervades the daily lives of everyone. For instance, our smart or Iphone, and smart home technology (robots, televisions, fridges and toys) access our personal data at an unprecedented level. Therefore, the security of that data is increasingly more vulnerable and can be compromised. This book examines the interface of cyber security, AI and data protection. It highlights and recommends that regulators and governments need to undertake wider research and law reform to ensure the most vulnerable in the community have their personal data protected adequately, while balancing the future benefits of the digital economy.

This book stands out from others on media law by emphasising the increasingly important regulatory and European aspects, and focussing less on more traditional common law topics. The authors take a comparative approach, using material from the USA and Commonwealth jurisdictions, as well as looking at relevant aspects of Human Rights law. The commentary is comprehensive and critical, introducing you to the wide range of technical and policy questions which are posed in the field of media law.

Explores the full range of issues - moral, ethical, social, legal, and technological - involved in developing firm controls and best practices to secure the ever growing information infrastructure upon which societies and individuals depend.

This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts: Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field. Written by internationally-known experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.

Information communication technology (ICT) plays a pivotal role in today s dynamic world. Subsequently, the relationship of law, ethics, politics and social policy on technology access, use and advancement is an important factor in the development of new or existing technologies. Information Communication Technology Law, Protection and Access Rights: Global Approaches and Issues identifies key issues in the relationship between ICT and law, ethics, politics and social policy. This comprehensive reference addresses relevant issues from the practical, legal, ethical, political and social policy perspectives, drawing attention to diverse global approaches to the challenges posed by ICT to access rights.

The book provides a detailed overview and analysis of important EU Internet regulatory challenges currently found in various key fields of law directly linked to the Internet such as information technology, consumer protection, personal data, e-commerce and copyright law. In addition, it aims to shed light on the content and importance of various pending legislative proposals in these fields, and of the Court of Justice of the European Union's recent case law in connection with solving the different problems encountered. The book focuses on challenging legal questions that have not been sufficiently analyzed, while also presenting original thinking in connection with the regulation of emerging legal questions. As such, it offers an excellent reference tool for researchers, policymakers, judges, practitioners and law students with a special interest in EU Internet law and regulation.

The transfer of personal data to the UK raises a multitude of data protection law issues and opens up the view of the key challenges of global data exchange. The study contains an overall view of the regulations on third country transfers under the GDPR and the current state of regulation in the UK. It provides an assessment as to whether and to what extent the UK provides an adequate level of protection within the meaning of the GDPR for personal data transferred from the EU and whether the EU Commission's adequacy decision under the GDPR is compliant with the CJEU's relevant case law. The examination of the UK's data protection law as well as the regulations of the Investigatory Power Act and the extensive onward transfer practice to the USA form a main focus of the study. The alternative data transfer mechanisms and bases (Articles 46, 47 and 49 GDPR) are (also) examined with regard to their practicability for companies. The study also looks at relevant emerging developments and the wider context of the third country regimes of the EU's data protection regime.

Countries are increasingly introducing data localization laws and data export restrictions, threatening digital globalization and inhibiting cloud computing's adoption despite its acknowledged benefits. Through a cloud computing lens, this multi-disciplinary book examines the personal data transfers restriction under the EU Data Protection Directive (including the EUUS Privacy Shield and General Data Protection Regulation). It covers historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data and control of access to data through security measures. The book further discusses data localization laws' failure to solve concerns regarding the topical and contentious issue of mass state surveillance. Its arguments are also relevant to other data localization laws, cross-border transfers of non personal data and transfers not involving cloud computing. Comprehensive yet accessible, this book is of great value to academics in law, policy, computer science and technology. It is also highly relevant to cloud computing/technology organisations and other businesses in the EU and beyond, data privacy professionals, policymakers and regulators.

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

In this timely book, Beata Maihaniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice. Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness. Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.

This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.

This book focuses on database law (a branch of intellectual property law) and further explores the legal protection currently available for data and data-related products in India. It offers a comparative study of the position of copyright law in protecting databases in the US and EU, while also presenting responses from the Indian database industry and its aspirations regarding the role of copyright law in database protection. India is undoubtedly leading the way as a knowledge economy. Its strengths are its information technology capability and its knowledge society, as well as its booming database industry - aspects that also necessitate the study of the role of law, as well as the protection of data and databases, in India. This book examines the growing importance of copyright law for protecting databases as well as for ensuring access in information societies. The book concludes with a discussion of key principles to be kept in mind in the context of drafting legal regimes for databases in India that will both benefit the database industry and ensure accessibility.

This work analyses the scope of copyright protection for computer software in the United Kingdom, and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology, emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility, of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty, and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.

Examining open EDI, an application of electronic commerce, this volume deals with its relationship with law. Electronic commerce applications all allow the transfer of electronic data from one point to another. Open EDI also allows for commercial transactions to take place in a fully-automated and highly-organized trading environment. Open EDI permits "ad hoc" open electronic transactions irrespective of geographical border and jurisdictions among trading partners with no prior trade relationship. By doing this open EDI limits the possibility of using up-front interchange agreements to address legal problems of the interchange. It is therefore necessary to use legal instruments supported by information technology to overcome legal problems. The book advocates the use of possible regulations to address the need of the users to act in such a trading environment uninhibited by basic legal concerns. It concludes that to respond to the challenge of open EDI it is necessary to work towards a new legal framework based on international law and supported by information technology.

The opening of the European postal market to competition is gaining ground as Member States transpose the 1997 postal directive into their national legislation and private postal companies expand their market shares. Moreover, changing regulatory trends (for example, the ever-lower weight and price limits delimitating the scope of the reserved area) encourage further growth in the continuing liberalization of this important network industry. In this informative symposium, 19 practitioners and academics expert in postal sector dynamics present detailed research findings, analysis, and recommendations. The book is based on a conference held in Brussels in February 2001, under the auspices of the Universities of Liege and Ghent and the Free University of Brussels. It provides an in-depth assessment of the challenges presented not only by the prospect of liberalization but also by the transition (of particular significance during the next few years) from the traditional monopoly system. Among the critical matters discussed are the following: terminal dues for international mail; remail provisions; the UPU and WTO constraints on the European postal market; EU Commission decisions and ECJ case law interpreting the postal directive; the effects of EC Treaty Articles 81 and 82 and the Merger Control Regulation; abuse of market power, especially by incumbent public postal operators; the "essential facilities" doctrine; and funding of universal service obligations. In addition, there are specific country reports from five EU Member States (France, Germany, Italy, Portugal, and the United Kingdom) and Norway, bearing witness to the diversity of means adopted to implement the postal directive. Business persons and their counsel, regulatory officials, practitioners, and academics interested in the creation of an EU-wide postal market-as well as in the ongoing reliability and improvement of postal service - should find this text valuable.

An exploration of telecommunications law in the USA. It offers a jargon-free discussion of how electronic media and telecommunications companies are required to price their services, interconnect with customers and other service providers, and respond to competition. This revised edition includes a comprehensive look at the Telecommunications Act of 1996, its sweeping reforms, and the short-term increase in TC regulation complexity resulting from its passage. The volume also covers how the rapid advance of telecommunications technology has drastically altered regulations first developed when TC meant fixed networks, copper wire and mechanical switches.