The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.

This book offers a comparative analysis of the domain name registration systems utililsed in Australia and the United Kingdom. Taking an international perspective, the author analyses the global trends and dynamics of the domain name registration systems and explores the advantages and disadvantages of restrictive and less restrictive systems by addressing issues of consumer protection. The book examines the regulatory frameworks in the restrictive and unrestrictive registration systems and considers recent developments in this area. Jenny Ng also examines the legal and economic implications of these regulatory frameworks, drawing upon economic theory, regulatory and systems theory as well as applying rigorous legal analysis. In doing so, this work proposes ways in which such systems could be better designed to reflect the needs of the specific circumstances in individual jurisdictions. The Domain Name Registration System will be of particular interest to academics and students of IT law and e-commerce.

Crossroads in New Media, Identity and Law is a compilation of essays on the nexus of new information and communication technologies, cultural identity, law and politics. The essays provoke timely discussions on how these different spheres affect each other and co-evolve in our increasingly hyper-connected and globalized world.

This book offers a comparative analysis of the domain name registration systems utililsed in Australia and the United Kingdom. Taking an international perspective, the author analyses the global trends and dynamics of the domain name registration systems and explores the advantages and disadvantages of restrictive and less restrictive systems by addressing issues of consumer protection. The book examines the regulatory frameworks in the restrictive and unrestrictive registration systems and considers recent developments in this area. Jenny Ng also examines the legal and economic implications of these regulatory frameworks, drawing upon economic theory, regulatory and systems theory as well as applying rigorous legal analysis. In doing so, this work proposes ways in which such systems could be better designed to reflect the needs of the specific circumstances in individual jurisdictions. The Domain Name Registration System will be of particular interest to academics and students of IT law and e-commerce.

The metaverse seems to be on everybody's lips - and yet, very few people can actually explain what it means or why it is important. This book aims to fill the gap from an interdisciplinary perspective informed by law and media and communications studies. Going beyond the optimism emanating from technology companies and venture capitalists, the authors critically evaluate the antecedents and the building blocks of the metaverse, the design and regulatory challenges that need to be solved, and commercial opportunities that are yet to be fully realised. While the metaverse is poised to open new possibilities and perspectives, it will also be a dangerous place - one ripe with threats ranging from disinformation to intellectual property theft to sexual harassment. Hence, the book also offers a useful guide to the legal and political governance issues ahead while also contextualising them within the broader domain of governance and regulation of digital technologies.

This is a research and reference guide to the telecommunications industry in the United States, providing an account of legislative and policy changes up until the publication of the work. Contributions by scholars in telecommunications law and policy survey the post-1996 legislative field, giving overviews of the 1996 Act itself, the impact of the legislation on national and international competition, regulation of the industry and the MCI/FCC cases in California, mergers and acquisitions, taxation and FCC reform.

Questions concerning the quality of media performance and the effectiveness of media policymaking often revolve around the extent to which the media system fulfills the values inherent in diversity and localism principles. This edited volume addresses challenges and issues relating to diversity in local media markets from a media law and policy perspective. Editor Philip M. Napoli provides a conceptual and empirical framework for assessing the success/failure of media markets and media outlets in fulfilling diversity and localism objectives.
Featuring well-known contributors from a variety of disciplines, including media, law, political science, and economics, "Media Diversity and Localism" explores the following topics:
*media ownership and media diversity and localism;
*conceptual and methodological issues in assessing media diversity and localism;
*minorities, media, and diversity; and
*contextualizing media diversity and localism: audience behavior and new technologies.
This substantive and timely volume speaks to scholars and researchers in the areas of media law and policy, political science, and all others interested in media regulation. It can also be used in a graduate seminar on media policy topics.

Email and Internet use is increasingly topical as employers and employees test the boundaries of acceptable use of new communications technology in the workplace. The potential legal liabilities make this a crucial decision-making area for all involved in human resources management. Tolley's Managing Email and Internet Use will provide you with the essential legal guidance and practical advice to establish, implement and enforce a policy for internet and Email use in your workplace. Tolley's Managing Email and Internet Use analyses and interprets (in plain language) the law on monitoring employees' Email and internet activity, the use of confidentiality notices, privacy, harassment and Email interception by employers. It also provides information on the key regulations and guidelines which affect Email and internet policy, including the Human Rights Act 1998, Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000. Tolley's Managing Email and Internet Use is the only practical guide to offer you: - strategic guidance on implementing, policing and maintaining an effective Email and internet policy - Current thinking on managing Email and internet use - Sample policies, disclaimers, rules and procedures to assist in establishing your own guidelines - A practical approach featuring questions and answers, checklists and case studies - An accessible read regardless of previous legal experience - Latest case law from recent cases involving Email and internet policy Tolley's Managing Email and Internet Use is a complete reference source for Email and internet policy in the workplace.

Combines academic rigour with case studies and activities designed to aid learning Suitable for courses both in the UK and internationally, and it uses international examples

This book provides a comprehensive guide to legal issues which have arisen as a result of the growth of the internet and the worldwide web. As well as discussing each topic in detail, Jonathan Rosenoer includes extensive coverage of the relevant cases and their implications for the future. Topics covered include: copyright and trademark issues, defamation, privacy, liability, electronic contracts, tax issues, and ethics. A potted history of the significant legal events is included which runs from the founding of the Electronic Frontier Foundation to the 1996 Telecommunications Act. About the author: Jonathan Rosenoer has been general counsel for the Haft Corporation, Executive Editor for Lexis Counsel Connect, and is best known for his CyberLaw column which has a distribution list of over four million.

Cybercrime is remarkably varied and widespread, and financial losses range from a few hundred dollars being extorted to multi-million dollar cyberfraud cases. Increasingly, cybercrime also involves the risk of terrorist attacks bringing down a major part of the Internet. Countries are discovering that it may be impossible for them to prosecute cybercriminals. Cybercrimes, unlike 'ordinary' crimes, are transnational in nature and it is often difficult to say just where they take place. This causes legal problems, since jurisdiction is usually still confined to the place where the crime was committed. A related issue is to what extent the police can investigate cybercrimes across borders, through the Internet: do they infringe the sovereignty of other countries? This book surveys how these issues in cybercrime jurisdiction are dealt with by countries around the world, including the US, Japan, Korea, India, Brazil, Chile, Australia, New Zealand, Italy, Germany, Belgium, Denmark, and the UK. A score of experts assess how well the laws of their countries and the Cybercrime Convention deal with transnational cybercrime, and how jurisdiction conflicts should be resolved. With this in-depth survey of views and practices of cybercrime jurisdiction, the authors hope to contribute to a more concerted international effort towards effectively fighting cybercrime. The book is therefore highly recommended to policy-makers, members of the judiciary, academics and practitioners. Bert-Jaap Koops is Professor of Regulation & Technology at the Tilburg Institute for Law, Technology, and Society (TILT) of Tilburg University, The Netherlands. Susan W. Brenner is NCR Distinguished Professor of Law & Technology, University of Dayton School of Law, Ohio, US.

This book presents an evaluation of recent legislative initiatives against unsolicited commercial e-mail (spam) in the European Union. The authors provide an analysis of the meaning and interpretation of the relevant new regulatory regime in the EU. They address international aspects of the fight against spam (intra-European activities and supranational policies), the dilemmas of dealing with spam and the importance of effective enforcement mechanisms. Their conclusions and recommendations provide directions, both in terms of further research as well as in terms of practical policy measures. This book is therefore highly recommended for academics as well as policy-makers and practitioners in the field of IT and law. Lodewijk F. Asscher is a researcher at the Institute for Information Law, University of Amsterdam and a local authority councillor for the City of Amsterdam. He prepared the present book in co-operation with Sjo Anne Hoogcarspel, Attorney at Law with Freshfields Bruckhaus Deringer, Amsterdam, The Netherlands. This is Volume 10 in the Information Technology and Law (IT&Law) Series

This book presents the latest and most relevant studies, surveys, and succinct reviews in the field of financial crimes and cybercrime, conducted and gathered by a group of top professionals, scholars, and researchers from China, India, Spain, Italy, Poland, Germany, and Russia. Focusing on the threats posed by and corresponding approaches to controlling financial crime and cybercrime, the book informs readers about emerging trends in the evolution of international crime involving cyber-technologies and the latest financial tools, as well as future challenges that could feasibly be overcome with a more sound criminal legislation framework and adequate criminal management. In turn, the book highlights innovative methods for combating financial crime and cybercrime, e.g., establishing an effective supervision system over P2P; encouraging financial innovation and coordination with international anti-terrorism organizations and multiple countries; improving mechanisms for extraditing and punishing criminals who defect to another country; designing a protection system in accordance with internationally accepted standards; and reforming economic criminal offenses and other methods that will produce positive results in practice. Given its scope, the book will prove useful to legal professionals and researchers alike. It gathers selected proceedings of the 10th International Forum on Crime and Criminal Law in the Global Era (IFCCLGE), held on Nov 20-Dec 1, 2019, in Beijing, China.

This book examines the timely issue of artificial intelligence (AI) and law. At this moment, AI is rapidly developing and being utilized in many different sectors. Meanwhile, the rise of AI raises complex questions and poses new challenges-new products and services involving AI will require new regulations and standards to minimize potential negative side-effects and maximize the benefits of this new technology, both within domestic law and international law. Thus, this book focuses on the impact of AI on international law and seeks ways to develop international law frameworks to adequately address the challenges of the AI era. In this context, new forms of inter-state conflicts and emergence of new subjects and objects of international law are discussed along with relevant up-to-date developments in major jurisdictions. Issues arising from the advent of AI relating to state sovereignty, state responsibility, dispute settlements, and north-south divide are also considered.

The CCPA (California Consumer Privacy Act) is a data privacy law that took effect on January 1, 2020. It applied to businesses that collect California residents' personal information, and its privacy requirements are similar to those of the GDPR (General Data Protection Regulation). On May 4, 2020, Californians for Consumer Privacy (an advocacy group, founded by Alistair MacTaggart) announced that it had collected more than 900,000 signatures to qualify the CPRA (California Privacy Rights Act) for the November 2020 ballot. Also known as 'CCPA 2.0', the CPRA enhances privacy protections established by the CCPA and builds on consumer rights. CPRA effectively replaces the CCPA and bolsters privacy protections for California consumers. While many elements of the two laws are similar, there are some striking differences that could impact CPRA implementation plans, including: Limiting deletion rights that apply to unstructured data A new right to data minimization with retention requirements related to personal data New definitions and obligations related to cross-context behavioral advertising Amending breach liability to include an email address in combination with a password or security question Establishing a new regulatory enforcement body: the California Privacy Protection Agency Organizations that fail to comply with the CPRA's requirements are subject to civil penalties of up to $7,500 and a civil suit that gives every affected consumer the right to seek between $100 and $750 in damages per incident, or actual damages if higher. The law is complex and requires careful reading to understand the actual requirements for organizations - The California Privacy Rights Act - An implementation and compliance guide is here to help you. Ensure your business is CPRA compliant with essential guidanceThis book is your ideal resource for understanding the CPRA and how you can implement a strategy to ensure your organization complies with the legislation. It will give you a comprehensive understanding of the legislation by providing definitions of key terms, explanations of the security requirements, details of the breach notification procedure, and covering the penalties for noncompliance. The California Privacy Rights Act - An implementation and compliance guide is essential reading for anyone with business interests in the state of California. Not only does it serve as an introduction to the legislation, it also discusses the challenges a business may face when trying to achieve CPRA compliance. It gives you the confidence to begin your CPRA compliance journey, while highlighting the potential ongoing developments of the CPRA. Buy this book and start implementing your CPRA compliance strategy today!

ISO/IEC 27701:2019: An introduction to privacy information management offers a concise introduction to the Standard, aiding those organisations looking to improve their privacy information management regime, particularly where ISO/IEC 27701:2019 is involved.

This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.

Scientific experiments and medical improvements in recent years have augmented our bodies, made them manipulable; our personal data have been downloaded, stored, sold, analyzed; and the pandemic has given new meaning to the idea of 'virtual presence'. Such phenomena are often thought to belong to the era of the 'posthuman', an era that both promises and threatens to redefine the notion of the human: what does it mean to be human? Can technological advances impact the way we define ourselves as a species? What will the future of humankind look like? These questions have gained urgency in recent years, and continue to preoccupy cultural and legal practitioners alike. How can the law respond and adapt to a world shaped by technology and AI? How can it ensure that technological developments remain inclusive, while simultaneously enforcing ethical limits to its reach? The volume explores how fictional texts, whether on the page or on screen, negotiate the legal dilemmas posed by the increasing infiltration of technology into modern life.

How does the 'on-line' world relate to the 'off-line' world? Is it different, separate, or even unique compared to the off-line world, or just a part thereof? And when do we need to regulate it, and how? These have become important, but complex questions for legislators, policy-makers, regulators, and politicians who design regulatory frameworks to address fast-moving technologies that change society in intricate ways. Over the course of time, governments and international organizations have developed regulatory 'starting points', in order to consistently and effectively deal with ICT and Internet regulation. These offer policy one-liners such as 'what holds off-line, must hold on-line' and 'regulation should be technology-neutral'. This book questions these regulatory starting points in detail and systematically explores their application, meaning and value for international e-regulation. It digs deeper than existing literature in trying to find out in which cases the starting points merit attention, and how we should really use them. This volume is the product of close collaboration and debate between scholars working at the Tilburg Institute for Law, Technology, and Society (TILT), to which international colleagues have added valuable reactions and reflections. The contributions in this volume have been written by TILT researchers Simone van der Hof, Bert-Jaap Koops, Miriam Lips, Sjaak Nouwt, Corien Prins, Maurice Schellekens. and Kees Stuurman, and by guest authors Dan Burk (University of Minnesota), Herbert Burkert (University of St. Gallen), and Yves Poullet (Facultes universitaires Notre-Dame de la Paix, Namur). This is Volume 9 in the Information Technology and Law (IT&Law) Series

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.

Understand your GDPR obligations and prioritise the steps you need to take to comply The GDPR gives individuals significant rights over how their personal information is collected and processed, and places a range of obligations on organisations to be more accountable for data protection. The Regulation applies to all data controllers and processors that handle EU residents' personal information. It supersedes the 1995 EU Data Protection Directive and all EU member states' national laws that are based on it - including the UK's DPA (Data Protection Act) 1998. Failure to comply with the Regulation could result in fines of up to 20 million or 4% of annual global turnover - whichever is greater. This guide is a perfect companion for anyone managing a GDPR compliance project. It provides a detailed commentary on the Regulation, explains the changes you need to make to your data protection and information security regimes, and tells you exactly what you need to do to avoid severe financial penalties. Clear and comprehensive guidance to simplify your GDPR compliance project Now in its fourth edition, EU General Data Protection Regulation (GDPR) - An implementation and compliance guide provides clear and comprehensive guidance on the GDPR. It explains the Regulation and sets out the obligations of data processors and controllers in terms you can understand. Topics covered include: The DPO (data protection officer) role, including whether you need one and what they should do; Risk management and DPIAs (data protection impact assessments), including how, when and why to conduct one; Data subjects' rights, including consent and the withdrawal of consent, DSARs (data subject access requests) and how to handle them, and data controllers and processors' obligations; Managing personal data internationally, including updated guidance following the Schrems II ruling; How to adjust your data protection processes to comply with the GDPR, and the best way of demonstrating that compliance; and A full index of the Regulation to help you find the articles and stipulations relevant to your organisation. Supplemental material While most of the EU GDPR's requirements are broadly unchanged in the UK GDPR, the context is quite different and will have knock-on effects. You may need to update contracts regarding EU-UK data transfers, incorporate standard contractual clauses into existing agreements, and update your policies, processes and procedural documentation as a result of these changes. We have published a supplement that sets out specific extra or amended information for this pocket guide. Click here to download the supplement. About the authors The IT Governance Privacy Team, led by Alan Calder, has substantial experience in privacy, data protection, compliance and information security. This practical experience, their understanding of the background and drivers for the GDPR, and the input of expert consultants and trainers are combined in this must-have guide to GDPR compliance. Start your compliance journey now and buy this book today.

This book identifies the principles that should be applied when processing Big Data in the context of food safety risk assessments. Food safety is a critical goal in the protection of individuals' right to health and the flourishing of the food and feed market. Big Data is fostering new applications capable of enhancing the accuracy of food safety risk assessments. An extraordinary amount of information is analysed to detect the existence or predict the likelihood of future risks, also by means of machine learning algorithms. Big Data and novel analysis techniques are topics of growing interest for food safety agencies, including the European Food Safety Authority (EFSA). This wealth of information brings with it both opportunities and risks concerning the extraction of meaningful inferences from data. However, conflicting interests and tensions among the parties involved are hindering efforts to find shared methods for steering the processing of Big Data in a sound, transparent and trustworthy way. While consumers call for more transparency, food business operators tend to be reluctant to share informational assets. This has resulted in a considerable lack of trust in the EU food safety system. A recent legislative reform, supported by new legal cases, aims to restore confidence in the risk analysis system by reshaping the meaning of data ownership in this domain. While this regulatory approach is being established, breakthrough analytics techniques are encouraging thinking about the next steps in managing food safety data in the age of machine learning. The book focuses on two core topics - data ownership and data governance - by evaluating how the regulatory framework addresses the challenges raised by Big Data and its analysis in an applied, significant, and overlooked domain. To do so, it adopts an interdisciplinary approach that considers both the technological advances and the policy tools adopted in the European Union, while also assuming an ethical perspective when exploring potential solutions. The conclusion puts forward a proposal: an ethical blueprint for identifying the principles - Security, Accountability, Fairness, Explainability, Transparency and Privacy - to be observed when processing Big Data for food safety purposes, including by means of machine learning. Possible implementations are then discussed, also in connection with two recent legislative proposals, namely the Data Governance Act and the Artificial Intelligence Act.