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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.
How can attorneys reach new clients on the Internet? Veteran attorney and Internet entrepreneur Jeff Lantz provides the definitive source for law firm Internet marketing, brand and value proposition creation, effective website development, search engine optimization (SEO), search engine/pay-per-click marketing on Google, Bing, and Yahoo , blogging, and social/business networking on Facebook and Twitter. The book discusses domain name acquisition, hosting, website platform and Content Management Systems, Web 2.0 design, SEO for high rankings on Google, and creating a powerful Client-Centered Website that resonates with clients and serves as a call to action. What Internet marketing is the most effective? Learn how to measure cost-per-client and to use website statistics for better marketing allocation. Step-by-step instructions are provided for domain registration, designing PPC ad campaigns on Google, Bing, and Yahoo , and creating business pages on Facebook and Twitter.
Transmission of copyrighted work over the Internet has resulted in the introduction of a new exclusive right: the right of communication to the public, which was established by the WIPO Copyright Treaties. However, in implementing the Treaties, different jurisdictions have their own understandings and legislative solutions. This book examines these laws and the nature of the new right of communication to the public. In addition, copyright exceptions are an important way to balance the relationship of interest between copyright owners and the public by way of free uses, statutory licences and compulsory licences. In the environment of the Internet, this way is still effective on adjusting the relationship. This book analyses the relationship between transmission over the Internet and the exclusive rights, and examines all exceptions, such as fair use, sui generis rights, library and archive exceptions and educational use exceptions.
Is the existing law in England and Wales is adequate to protect the privacy of the individual against the intrusion by the press? This book considers the nature and extent of existing legal protection and what alternatives there may be through the Press Complaints Commission and its Code of Practice. Future legal developments are also addressed. Contents: .Complaints and the Press .Confidentiality .Copyright .Nuisance .Others Sources of Protection .Technology .Data Protection and the Press .The Human Rights Act Essential reading for the press, lawyers advising the press and those that need protection from the press, Privacy and the Press remains as accessible and easy to use as the first edition.
This book explores, through a children's rights-based perspective, the emergence of a safeguarding dystopia in child online protection that has emerged from a tension between an over-reliance in technical solutions and a lack of understanding around code and algorithm capabilities. The text argues that a safeguarding dystopia results in docile children, rather than safe ones, and that we should stop seeing technology as the sole solution to online safeguarding. The reader will, through reading this book, gain a deeper understanding of the current policy arena in online safeguarding, what causes children to beocme upset online, and the doomed nature of safeguarding solutions. The book also features a detailed analysis of issues surrounding content filtering, access monitoring, surveillance, image recognition, and tracking. This book is aimed at legal practitioners, law students, and those interested in child safeguarding and technology.
PEERS, PIRATES, AND PERSUASION: RHETORIC IN THE PEER-TO-PEER DEBATES investigates the role of rhetoric in shaping public perceptions about a novel technology: peer-to-peer file-sharing networks. While broadband Internet services now allow speedy transfers of complex media files, Americans face real uncertainty about whether peer-to-peer file sharing is or should be legal. John Logie analyzes the public arguments growing out of more than five years of debate sparked by the advent of Napster, the first widely adopted peer-to-peer technology. The debate continues with the second wave of peer-to-peer file transfer utilities like Limewire, KaZaA, and BitTorrent. With PEERS, PIRATES, AND PERSUASION, Logie joins the likes of Lawrence Lessig, Siva Vaidhyanathan, Jessica Litman, and James Boyle in the ongoing effort to challenge and change current copyright law so that it fulfills its purpose of fostering creativity and innovation while protecting the rights of artists in an attention economy. Logie examines metaphoric frames-warfare, theft, piracy, sharing, and hacking, for example-that dominate the peer-to-peer debates and demonstrably shape public policy on the use and exchange of digital media. PEERS, PIRATES, AND PERSUASION identifies the Napster case as a failed opportunity for a productive national discussion on intellectual property rights and responsibilities in digital environments. Logie closes by examining the U.S. Supreme Court's ruling in the "Grokster" case, in which leading peer-to-peer companies were found to be actively inducing copyright infringement. The Grokster case, Logie contends, has already produced the chilling effects that will stifle the innovative spirit at the heart of the Internet and networked communities. ABOUT THE AUTHOR John Logie is Associate Professor of Rhetoric at the University of Minnesota.
Producers and Consumers in EU E-Commerce Law argues that the European Union is failing adequately to protect consumers' critical interests in the area of e-commerce. The book compares the Union's close protection of producers' critical interests in e-commerce, considered in terms of authorship and of 'domain-identity', with its faltering steps towards protection of consumers' corresponding interests, considered in terms of fair trading, privacy and (on behalf of children) morality. The book assesses the threats posed to those interests, the extent to which self-help can and does neutralise those threats and, as regards any gaps left, the extent to which the Union has stepped into the breach. The argument is important given that surveys show low levels of consumer confidence in European cross-border e-commerce, a motor of integration par excellence.
The free trade and commerce available through website in what is known as cyber space has also given birth to a mobile population where intent may basically be criminal. This encyclopaedia tries to cover as many laws as possible, promulgated by various countries.
The internet and the equipment through which it is delivered has revolutionised the way business offers its services and consumers access information. The constantly evolving technology will continue to become mobile both in terms of the apparatus used to get online, such as mobile phones, and also the wireless capability which will become widespread. Commercial use of the technology presents huge legal issues and has led to the introduction of significant new laws to govern online trade. However, the approach taken by the EU in regulating the internet differs markedly from that of the United States. Given the degree of trade between the two continents and in particular between the USA and the UK, it is vital that businesses on both sides of the Atlantic understand the diverse legal regimes, whether they operate in European or North American markets. This book provides an overview of the English law treatment of the internet, which is heavily influenced by the EU, and contrasts it where appropriate to American legal governance. The book examines issues including online contractual formation, privacy law across geographical borders, electronic signatures, online marketing and consumer sales over the internet. The book is essential reading for businesses in both lands.
Praise for Robert W. McChesney "Robert McChesney's work has been of extraordinary importance. .
. . It should be read with care and concern by people who care
about freedom and basic rights." "Robert McChesney is one of the nation's most important analysts
of the media." The symptoms of the crisis of the U.S. media are well-known--a decline in hard news, the growth of info-tainment and advertorials, staff cuts and concentration of ownership, increasing conformity of viewpoint and suppression of genuine debate. McChesney's new book, The Problem of the Media, gets to the roots of this crisis, explains it, and points a way forward for the growing media reform movement. Moving consistently from critique to action, the book explores the political economy of the media, illuminating its major flashpoints and controversies by locating them in the political economy of U.S. capitalism. It deals with issues such as the declining quality of journalism, the question of bias, the weakness of the public broadcasting sector, and the limits and possibilities of antitrust legislation in regulating the media. It points out the ways in which the existing media system has become a threat to democracy, and shows how it could be made to serve the interests of the majority. McChesney's "Rich Media, Poor Democracy" was hailed as a pioneering analysis of the way in which media had come to serve the interests of corporate profit rather than public enlightenment and debate. Bill Moyers commented, "If Thomas Paine were around, he would have written this book." The Problem of the Media is certain to be a landmark in media studies, a vital resource for media activism, and essential reading for concerned scholars and citizens everywhere.
The regulatory architecture available for cyberspace law still seems incapable of conceiving, much less resolving, the new issues of privacy raised by the use of the Internet in the workplace. This analysis of the thorny problems in this area of the law attempts to clarify the nature of the conflicts and disputes that arise and that are likely to continue to arise. It is a detailed comparative treatment of the subject, analysing the relevant law both at the international level and in six major national jurisdictions. The author first examines the international jurisdictional problems related to the Internet and new technologies. Starting from an economic analysis of the law of cyberspace, the author demonstrates that the problem of conflicting legal rules may be solved by adopting new laws, regulations and guidelines governing the Internet. The second part explores the ways in which the Internet and the introduction of new information technologies has dramatically affected the world of work and individual rights. The author analyses the origins, limits and boundaries of these rights, and makes a comparative analysis of the relevant constitutions and statutes in both common law and civil law. Finally, an examination of the legal systems of the USA, the UK, France, Germany, Italy, and Japan, and of their responses to the new Internet-related issues, enable the author to propose effective ways to achieve a better balance between the employee's right to privacy and the responsibilities of the employer in the new electronic environment.
High Marks for the Internet Legal Guide "The Internet Legal Guide is a fascinating exploration of discovery in understanding the legal frontiers of the Internet. Dennis Powers does an immense service for all of us in an Internet form of business with this comprehensive and thorough guide." —Ahnalira Koan, Laughing Place Travel (www.ourlaughingplace.com) "I feel that this book is invaluable and a must read not only for my management team and all of my employees, but also my clients. I especially appreciated the text from actual agreement examples, as well as the discussions of provisions that followed them. I encourage anyone and everyone to buy and read this book twice. The first time to show you everything you have been doing wrong, and the second time to learn how to do it right the next time." —Jim Teece, President and Chief Executive Officer, Project A, Inc. (www.ProjectA.com) "This book is rich in content and practical advice. It is filled with informative–as well as entertaining–descriptions of the latest developments in cyberlaw. Most importantly, it gives anyone interested in doing business on the Web the know-how to avoid costly legal pitfalls and problems." —Ray August, Professor of Business Law (http://august1.com/about/) "What I really like about this book is that it takes a business approach to Internet issues. This is a book for business people with an eye to the bottom line, and how businesses can capitalize on the Web and not get entangled in legal issues. The Internet Legal Guide is essential reading for small business owners, who can not afford the luxury of an in-house legal counsel. A savvy business owner will find this book a road map to turn the Web from threat to opportunity." —Kevin Talbert, Chief Information Officer, Southern Oregon University "The New Economy is arriving. Even as the stock market and businesses adjust to absorb the 'irrational exuberance' of the late 1990s, consumers and businesses continue unabated in their march to use technology and the Internet to reduce costs, to increase profits, to improve service, to increase choice, and generally to increase the efficiency and potential of all that we do. Dennis Powers has written a timely and informative book to help prepare the nonlawyer, and even to educate lawyers, to prepare for and benefit from this new online world." —Richard Keck, Partner, Telecommunications and Electronic Commerce Practice Group, Troutman Sanders LLP "A wonderful book that melds the practical into the legal, so we all can navigate our virtual twenty-first-century operations through today’s legal-infested waters. I wish I had had it two years ago!! I could have saved a lot of time and legal costs when I was organizing my Internet company. It’s so convenient and efficient to have all the material in one place. (The good news is I can still save and benefit from the many excellent ideas.)" —Charles "Hop" Fuhrmann, Chairman, HealthyPlace.com, Inc.; Chairman and CEO, Texaco Limited
The Dutch telecommunications market is probably one of the most open in the world. Three years after its full liberalization (which was completed six months ahead of the EU timetable) the Netherlands have approximately 65 operators with interconnection or special network agreements, including five providers of mobile telephony networks. Nearly all of the world's largest international players have established a presence in the Dutch telecom market. It is for their benefit and for the benefit of their advisers that this book has been published. It contains the full text of the Dutch Telecommunications Act and of the most important decrees adopted thereunder, concurrently in Dutch and English. In addition, it contains a practical introduction to the telecommunications laws of the Netherlands described by leading practitioners in the field.
Open banking is a silent revolution transforming the banking industry. It is the manifestation of the revolution of consumer technology in banking and will dramatically change not only how we bank, but also the world of finance and how we interact with it. Since the United Kingdom along with the rest of the European Union adopted rules requiring banks to share customer data to improve competition in the banking sector, a wave of countries from Asia to Africa to the Americas have adopted various forms of their own open banking regimes. Among Basel Committee jurisdictions, at least fifteen jurisdictions have some form of open banking, and this number does not even include the many jurisdictions outside the Basel Committee membership with open banking activities. Although U.S. banks and market participants have been sharing customer-permissioned data for the past twenty years and there have been recent policy discussions, such as the Obama administration's failed Consumer Data Privacy Bill and the Data Aggregation Principles of the Consumer Financial Protection Bureau, open banking is still a little-known concept among consumers and policymakers in the States. This book defines the concept of 'open banking' and explores key legal, policy, and economic questions raised by open banking.
This book outlines and analyses the legislative activity of the Union in an area which is currently experiencing exponential growth in terms of both commercial activity and legal significance. The scope of the book is current,pending and proposed Internet-related law on contracts, copyright, data protection, commercial communications, financial services, electronic cash and electronic signatures. John Dickie argues that the Union is in the process of displacing Member State autonomy in the regulation of the Internet. Within that frame, it is argued that there is a lack of focus on the individual in the electronic marketplace and a lack of co-ordination between relevant legislative instruments. This book will be of interest to all those engaged with Union and Internet law, including lawyers, policy-makers and academics.
This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and enforcing rights in a changing world. It is one of the results of the 14th annual International Conference on Computers, Privacy and Data Protection (CPDP), which took place online in January 2021. The pandemic has produced deep and ongoing changes in how, when, why, and the media through which, we interact. Many of these changes correspond to new approaches in the collection and use of our data - new in terms of scale, form, and purpose. This raises difficult questions as to which rights we have, and should have, in relation to such novel forms of data processing, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, such as: digital sovereignty; art and algorithmic accountability; multistakeholderism in the Brazilian General Data Protection law; expectations of privacy and the European Court of Human Rights; the function of explanations; DPIAs and smart cities; and of course, EU data protection law and the pandemic - including chapters on scientific research and on the EU Digital COVID Certificate framework. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.
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.
When a case involves 50,000 or 100,000 documents it is very difficult to manage the paper and produce necessary lists using entirely manual methods. Computerization is the answer. Once the information about the documents is held in a computer database, a team of lawyers can search for incriminating patterns, locate a letter that contradicts direct testimony previous given, find the smoking gun. So runs a powerful argument in favour of computerized litigation systems. The fact that so many firms are going ahead with pilots or operational systems perhaps indicates more of a desire to be seen to be abreast of technology, rather than the calculated expectation of direct return.
Since 25 May 2018 the General Data Protection Regulation 2016/679 (GDPR) has applied, representing a significant overhaul of data protection law in the European Union. Although it was drafted and passed by the European Union, the GDPR imposes obligations onto organisations anywhere, so long as they collect or target data relating to people in the EU. It is one of the toughest privacy and security laws in the world and harsh fines are levied against those who violate its privacy and security standards. This commentary provides a detailed examination of the individual articles of the GDPR and is an essential resource aimed at helping legal practitioners prepare for compliance. The second edition includes guidelines on the interpretation of the GDPR published by the European Data Protection Board as well as new case law by the Court of Justice of the European Union. This revised and updated edition includes: *a general introduction to data protection law; *full text of the GDPR's articles and recitals; *article-by-article commentary explaining the individual provisions and elements of each article. In addition to lawyers and in-house counsel, this book is also suitable for law professors and students, and offers comprehensive coverage of this increasingly important area of data protection legislation.
The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers' rights, moral rights, database rights and competition law as a subject in its own right. Now in its fifth edition, the book has been substantially updated and revised to take account of legal and policy developments in copyright law and related areas, the new UK copyright exceptions, recent CJEU cases, the regulation of Collective Management Organisations, orphan works, and developments in EU copyright legislation and the EU's Digital Single Market Strategy. It also contains new sections on big data and data mining, the impact of artificial intelligence and blockchain on copyright, and the future for UK copyright after Brexit. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, or other areas of the economy. The focus of Digital Copyright is on the specifics of the law in this area together with practical aspects. Both academics and practitioners will find the book an invaluable guide to this ever-expanding field of law. Review of Previous Edition: 'Overall, Digital Copyright is well worth the relatively modest price for a book that will be stimulating for anyone who has to think about copyright in the digital realm.' Francis Davey, Journal of Intellectual Property Law and Practice
On May 14 1991 the Council of the European Communities adopted the directive on the legal protection of computer programs. Pursuant to this directive the Member States "shall bring into force the laws, regulations and administrative provisions necessary to comply with this directive before 1 January 1993". Article 1 of the directive states that the Member States shall protect computer programs by copyright, as literary works. At the time of publication, not all the Member States had complied with the directive, although they did have bills pending. Specialists from each Member State of the EC describe the copyright provisions of their country, both in general and with respect to software, and then provide detailed descriptions of the way in which their country has enacted or intends to enact the directive. Most of the contributions contain a translation of the relevant statutory provisions. Chapter 1 of the book desrcibes the provisions of the directive in detail. Thus the reader should be able to obtain an overview of the protection of computer programs in the EC. |
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