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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
It has been said that the only asset that a lawyer has is time. But
the reality is that a lawyer's greatest asset is information. The
practice and the business of law is all about information exchange.
The flow of information travels in a number of different directions
during the life of a case. A client communicates certain facts to a
lawyer. The lawyer assimilates those facts and seeks out
specialised legal information which may be applicable to those
facts. In the course of a generation there has been a technological
revolution which represents a paradigm shift in the flow of
information and communication. Collisions in the Digital Paradigm
is about how the law deals with digital information technologies
and some of the problems that arise when the law has to deal with
issues arising in a new paradigm.
Since its emergence, big data has brought us new forms of energy,
technology and means of organization which will generate greater
values by crossover, integration, openness and sharing of data.
Nevertheless, risks caused by open access and the flow of data also
bring us enormous challenges to privacy, business secrets and
social and national securities. This raises people's awareness on
data sharing, privacy protection and social justice, and becomes a
significant governance problem in the world. In order to solve
these problems, Data Rights Law 1.0 is innovative in that it
proposes a new concept of the "data person". It defines "data
rights" as the rights derived from the "data person" and "data
rights system" as the order based on "data rights". "Data rights
law" is the legal normative formed out of the "data rights system".
In this way, the book constructs a legal framework of "data
rights-data rights system-data rights law". If data is considered
as basic rights, on which new order and laws are to be built, it
will bring brand new and profound meaning to future human life.
This book examines how cryptocurrencies based on blockchain
technologies fit into existing general law categories of public and
private law. The book takes the common law systems of the United
Kingdom as the centre of its study but extends beyond the UK to
show how cryptocurrencies would be accommodated in some Western
European and East Asian legal systems outside the common law
tradition. By investigating traditional conceptions of money in
public law and private law the work examines the difficulties of
fitting cryptocurrencies within those approaches and models.
Fundamental questions regarding issues of ownership, transfer,
conflict of laws, and taxation are addressed with a view to
equipping the reader with the tools to answer common transactional
questions about cryptocurrencies. The international contributor
team uses the common law systems of the United Kingdom as a basis
for the analysis, but also looks comparatively to other systems
across the wider common law and civil law world to provide detailed
examination of the legal problems encountered.
This monograph examines how European Union law and regulation
address concentrations of private economic power which impede free
information flows on the Internet to the detriment of Internet
users' autonomy. In particular, competition law, sector specific
regulation (if it exists), data protection and human rights law are
considered and assessed to the extent they can tackle such
concentrations of power for the benefit of users. Using a series of
illustrative case studies, of Internet provision, search, mobile
devices and app stores, and the cloud, the work demonstrates the
gaps that currently exist in EU law and regulation. It is argued
that these gaps exist due, in part, to current overarching trends
guiding the regulation of economic power, namely neoliberalism, by
which only the situation of market failure can invite ex ante
rules, buoyed by the lobbying of regulators and legislators by
those in possession of such economic power to achieve outcomes
which favour their businesses. Given this systemic, and
extra-legal, nature of the reasons as to why the gaps exist,
solutions from outside the system are proposed at the end of each
case study. This study will appeal to EU competition lawyers and
media lawyers.
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