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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications 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 comprehensive study examines the case of AM stereo and subsequent technologies to demonstrate the FCC's evolution from stern to reluctant regulator. It also examines emerging technologies, such as multichannel television sound, digital audio broadcasting, and high definition television, and discusses their impact on the evolution of broadcast regulation. In the 1980s the tension between governmental control and the marketplace resulted in the FCC's deregulation of TV and radio, electing to set only technical operating parameters and allowing legal operation of any system that meets those minimal standards. Huff argues that this approach is likely to influence regulatory approaches to other new developments in broadcast technologies. The extensive overview of the industry and the study of the interrelationships between the technologies will appeal to communication scholars in the fields of radio and television as well as interest industry professionals.
Now in its second edition, Cybercrime: Key Issues and Debates provides a valuable overview of this fast-paced and growing area of law. As technology develops and internet-enabled devices become ever more prevalent, new opportunities exist for that technology to be exploited by criminals. One result of this is that cybercrime is increasingly recognised as a distinct branch of criminal law. The book offers readers a thematic and critical overview of cybercrime, introducing the key principles and clearly showing the connections between topics as well as highlighting areas subject to debate. Written with an emphasis on the law in the UK but considering in detail the Council of Europe's important Convention on Cybercrime, this text also covers the jurisdictional aspects of cybercrime in international law. Themes discussed include crimes against computers, property, offensive content, and offences against the person, and, new to this edition, cybercrime investigation. Clear, concise and critical, this book is designed for students studying cybercrime for the first time, enabling them to get to grips with an area of rapid change.
How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today. The book is organized around various legal issues raised by both plaintiffs and defendants in copyright litigation, and the problems of the U.S. Patent & Trademark Office in dealing with the rapid proliferation of applications for software-related patents. The author explains important terms and concepts in software litigation such as infringement, substantial similarity, reverse engineering, the merger defense, and "look and feel". Galler's book is a succinct, readable survey for computer professionals, nonlegal academics, and lawyers who need a fast summary of the critical issues and cases in software and intellectual property matters.
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.
This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good. Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law's interventions. The book also engages with concerns about the 'surveillance society', for example regarding contact tracing technology used during the Covid-19 pandemic. The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law's relevance in giving institutional enforceability to ethics and principled design.
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.
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.
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 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.
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 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.
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.
One of the great transitions as the Soviet Union dissolved involved the transformation of state broadcasting in Russia and the Newly Independent States. This book deals with the turmoil associated with struggles in Post-Soviet Russia: struggles for journalistic editorial autonomy, the bloody media wars between the Yeltsin government and the legislature, the role of the media in the coup, and the role of the United States, other governments and non-government organizations in shaping the new media. The story in which the media oscillates between independence and renewed modes of control.
Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the "European" public interest and the changed nature of communications as a public service.
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