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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
Internet intermediaries play a central role in modern commerce and
society. Although their economic and social importance is
well-recognised, their legal liability remains poorly understood,
and, until now, no work has specifically addressed their legal
responsibility for wrongdoing carried out by third parties using
their facilities or platforms. This work fills that gap by
providing comprehensive coverage of the legal duties owed by
intermediaries and the increasingly complex schemes that regulate
their activities. The first part of the work introduces the concept
of an internet intermediary, general doctrines of primary and
secondary liability, and the European enforcement regime. The
second part examines the liability of intermediaries in specific
areas of law, with a detailed analysis of the applicable liability
rules, and the major English case law, and decisions of the Court
of Justice that interpret and apply them. The final part of the
work provides guidance on remedies and limitations. Written by an
expert author from the intellectual property chambers at 8 New
Square, Lincoln's Inn, this is an essential guide for lawyers
advising on liability, privacy, and online regulation.
This book examines the disclosure and withholding of all forms of
confidential information handled by professionals. Fully revised
and updated, the new edition examines the numerous recent
developments in the law, particularly following revelations by the
media of the interception of professional confidences by phone
hacking and other means. Its primary focus is on the law of England
and Wales, but it includes insights from the secondary literature
and case law of Australia, Canada, Ireland, New Zealand, and
Scotland. This allows it to predict how English courts may fill
gaps in the law, and makes it a useful resource for practitioners
in other common law jurisdictions. The book begins with a
discussion of the basic principles of confidentiality, including
types of confidential information, confidentiality obligations,
disclosures, and confidentiality obligation. Part I examines the
legal instruments for the enforcement of confidentiality, including
contractual obligations, tort of misuse of private information,
equitable wrongs, actions against third parties, civil remedies and
criminal offences, and remedies beyond the courts. Part II
discusses justified disclosure, including those relating to public
interest, official investigations, administration of justice,
consent and waiver, and lapsed confidentiality. Part III analyses
the grounds for justified non-disclosure, including legal
professional privilege, public interest immunity, contractual or
equitable obligations, data protection and freedom of information,
privacy protection, and non-disclosure to client. Finally, Part IV
discusses limiting the extent of a lawful disclosure, dealing with
circulation restrictions, public reporting, anonymity, court
attendance restrictions, and collateral use. This is an essential
reference for those advising either the professional or the
individual client on issues relating to the disclosure of
confidential personal information.
Communication technologies, such as computers and cell phones, and
social-networking sites like My Space enable the rapid creation and
dissemination of harassing and pornographic text, pictures, and
video. Studies show that whereas adults generally use technology
only as a tool, adolescents consider technology, including text
messaging and chat rooms, to be an essential part of their social
life. Cyberbullying and victimisation begin as early as second
grade for some children, and by middle school, students as a group
experience or engage in all known forms of cyber abuse and on-line
aggression. Online exchange of sexually explicit content typically
begins in middle school. This book provides an annotated
bibliography, provisions of select federal and state laws, and
major cases of internet crimes against children.
This document supersedes NIST 500-172, Computer Security Training
Guidelines, published in 1989. The new document supports the
Computer Security Act (Public Law 100-235) and OMB Circular A-130
Appendix III requirements that NIST develop and issue computer
security training guidance. This publication presents a new
conceptual framework for providing information technology (IT)
security training. This framework includes the IT security training
requirements appropriate for today's distributed computing
environment and provides flexibility for extension to accommodate
future technologies and the related risk management decisions.
The US Stock Market collapsed on Thursday, 6 May 2010 when the Dow
Jones Index spiked down over 1000 points in a matter of a few
minutes. Such a world market sell caused by a true Cyber attack
could destroy the wealth of billions of people around the globe.
This book will examine what Cyber Attacks could do to the civilized
world, which grows more dependent on the Internet functioning
properly to perform all of the complex tasks that need to be done
every day.
This book examines one of the greatest social and legal concerns of
the modern age: social networking and the internet. The growing law
and issues of, and created by, social networking and related
websites involve real and diverse concerns. The concerns face the
website operators, users, parents, schools, universities,
employers, organisations, outsource organisations, the police,
lawyers, courts, rights organisations and policymakers.Social
networking is wonderful, yet staggering - in a short space of time,
user populations greater than the populations of nation states have
joined social networks. One social networking website reports to
have amassed over 1 billion regular users. Yet, the legal issues
(and others) involved with social networking and related websites
are getting as many media headlines as the technologies themselves.
Some of these are similar to established legal issues, however,
with increasing frequency, the issues are entirely new. In
addition, the scale of the issues are at a level unprecedented in
collective memory. If that was not enough, the pace of the legal
issues which must be considered and, more importantly, the pace and
urgency with which they must be dealt with, add significant
temporal pressures. This timely and appropriate book outlines the
new law and issues relating to social networking. It offers a
strong international comparative element and examines various legal
jurisdictions. The growing law and issues of, and created by,
social networking and related websites involve real and diverse
concerns for policy. To victims, lawyers, parents, society, and
policy makers, social networking in its various forms can be
considered one of the most pressing legal issue today, with more
issues and concerns than occur in any other field of contemporary
law. Table of Contents include: Internet and Technology * Privacy
and Data Protection * Social Networking Policies * Advertising and
Marketing * Beacon Settlement * Europe against Facebook * Facebook
Audit * Laws 'Re-Phormed'? * Data Breaches * Tagging * Evidential
Issues * Cloud Computing * Employees * Educational Institutions *
Tracking the Trackers * Personal Relations * Social Networking
after Death * Profiles in Purgatory * A Critical Approach to the
Right to Be Forgotten * Children and Social Networking * Social
Networking and Internet Access * Peer to Peer and Privacy * Social
Networking and Sports * Social Networking and the Courts * Privacy
by Design * Data Protection Audits * The Future.
Internet gaming sparks controversy from corporate board rooms to
legislative hallways. Unlike traditional casinos, the Internet
permits people to engage in gaming activities from virtually
anywhere over computers and mobile devices. Governments and policy
makers looking at this activity struggle with such questions as
whether regulation can assure that Internet gaming can be
restricted to adults, the games offered are fair and honest, and
players will be paid if they win. This book is a timely collection
of eleven chapters discussing key considerations and model
approaches to internet gaming regulation and outlining the
important questions and emerging answers to regulating gaming
activity outside of land-based casinos. Some of the regulatory
insights are taken from lessons learned in the land-based casino
industry and others from the relatively newer experiences of
international internet gaming providers. Contributors are among the
world's leading experts on Internet gaming. They focus on
structural concerns including record-keeping, managing different
taxing regimes, maintaining effective controls, protecting customer
funds, and preventing money laundering, as well as on policy
concerns ensuring responsible play, the detection of fraud,
reliable age verification, and the enforcement of gaming laws and
norms across jurisdictions. Internet gaming is an emerging field,
especially in the U.S., and the contributors to this book provide
regulatory examples and lessons that will be helpful to lawyers,
policy makers, gaming operators and others interested in this
burgeoning industry. Chapters include: 1 Licensing by Anthony Cabot
2 Accounting, Audits, and Recordkeeping by Peter J. Kulick 3
Taxation of Regulated Internet Gambling by Sanford I. Millar 4
Technical Compliance by Richard Williamson 5 The Protection Of
Customer Funds by Nick Nocton 6 Financial Transactions and Money
Laundering by Stuart Hoegner 7 Internet Gambling Advertising Best
Practices by Lawrence G. Walters 8 Responsible Gaming by Frank
Catania, Sr., Gary Ehrlich, and Antonia Cowan 9 Ensuring Internet
Gaming that is Free from Fraud and Cheating by Alan Littler 10 Age
Verification by J. Blair Richardson 11 Proposal for an
International Convention on Online Gambling by Marketa Trimble The
book also includes an introductory editors' note, an index, and a
table of cases.
A thoroughly updated, comprehensive, and accessible guide to U.S.
telecommunications law and policy, covering recent developments
including mobile broadband issues, spectrum policy, and net
neutrality. In Digital Crossroads, two experts on
telecommunications policy offer a comprehensive and accessible
analysis of the regulation of competition in the U.S.
telecommunications industry. The first edition of Digital
Crossroads (MIT Press, 2005) became an essential and uniquely
readable guide for policymakers, lawyers, scholars, and students in
a fast-moving and complex policy field. In this second edition, the
authors have revised every section of every chapter to reflect the
evolution in industry structure, technology, and regulatory
strategy since 2005. The book features entirely new discussions of
such topics as the explosive development of the mobile broadband
ecosystem; incentive auctions and other recent spectrum policy
initiatives; the FCC's net neutrality rules; the National Broadband
Plan; the declining relevance of the traditional public switched
telephone network; and the policy response to online video services
and their potential to transform the way Americans watch
television. Like its predecessor, this new edition of Digital
Crossroads not only helps nonspecialists climb this field's
formidable learning curve, but also makes substantive contributions
to ongoing policy debates.
This book examines legal and cybersecurity challenges resulting
from malicious activities on global cyberspace and proposes
feasible regulatory, and policy based solutions to address these
challenges. Global cyberspace has become an enormous challenge from
the security perspective partly due to complications in enforcing
security and regulatory efforts of national jurisdictions. This
book presents more practical solutions to counteract these and
other security threats posed by private and state-sponsored actors.
Illicit events on cyberspace become increasingly complex as cyber
technology advances thereby undermining the ability of existing
regulatory instruments aimed at cybersecurity and deterring
cybercrime. As existing laws cannot cope with newly emerging cyber
security incidents, these incidents pose security threats for
digital assets including those associated with Foreign Direct
Investment (FDI). Increasingly interdependent global market place
calls for more collaborative efforts to make cyberspace safer and
more suitable for business transactions. This means there is the
need to work towards not only regulatory solutions at national
levels but more internationally enforceable legal norms must be
worked out, which is part of the discussions in this book.
Technological developments related to the Internet benefit
consumers who want convenient ways to view and hear information and
entertainment content on a variety of electronic devices. The
global nature of the Internet offers expanded commercial
opportunities for intellectual property (IP) rights holders but
also increases the potential for copyright and trademark
infringement. Piracy of the content created by movie, music, and
software companies and sales of counterfeit pharmaceutical drugs
and consumer products negatively impact the American economy and
can pose risks to the health and safety of U.S. citizens. This book
discusses legislative approaches to online piracy and copyright
infringement.
MS. DANIE VICTOR, ESQUIRE HAS BEEN PRACTICING LAW AND LECTURING
WORLDWIDE ON A VARIETY OF TOPICS SINCE 1991. ALL REQUESTS MUST BE
SUBMITTED VIA FACSIMILE ONLY: 772-283-2331.
The legal and technical rules governing flows of information are
out of balance, argues Julie E. Cohen in this original analysis of
information law and policy. Flows of cultural and technical
information are overly restricted, while flows of personal
information often are not restricted at all. The author
investigates the institutional forces shaping the emerging
information society and the contradictions between those forces and
the ways that people use information and information technologies
in their everyday lives. She then proposes legal principles to
ensure that people have ample room for cultural and material
participation as well as greater control over the boundary
conditions that govern flows of information to, from, and about
them.
Social media is one of the hottest topics in business today. The
power of reaching hundreds of thousands of people is enticing.
Correct use of social media for marketing a law practice or legal
nurse consulting business is an art as well as a science. You may
use the material in this book to deepen your understanding of
social media, and to define a realistic plan for your own efforts.
Featuring the most current exploration of cyberlaw, CYBERLAW helps
students understand the legal and policy issues associated with the
Internet. Tackling a full range of legal topics, it includes
discussion of jurisdiction, intellectual property, contracts,
taxation, torts, computer crimes, online speech, defamation and
privacy. Chapters include recent, relevant cases, discussion
questions and exercises at the end of each chapter. Using a
consistent voice and clear explanations, the author covers the
latest developments in cyberlaw-from cases to legislation to
regulations.
Electronic signatures are ubiquitous. Anyone sending an e-mail or
using a credit card uses one. They can have a bearing on all areas
of law, and no lawyer is immune from having to advise clients about
their legal consequences. This third edition provides an exhaustive
discussion of what constitutes an electronic signature, the forms
an electronic signature can take and the issues relating to
evidence, formation of contract and negligence in respect of
electronic signatures. Case law from a wide range of common law and
civil law jurisdictions is analysed to illustrate how judges have
dealt with changes in technology in the past and how the law has
adapted in response.
What happens in the virtual world doesn't always stay in the
virtual world Tens of millions of people today are living part of
their life in a virtual world. In places like World of Warcraft,
Second Life, and Free Realms, people are making friends, building
communities, creating art, and making real money. Business is
booming on the virtual frontier, as billions of dollars are paid in
exchange for pixels on screens. But sometimes things go wrong.
Virtual criminals defraud online communities in pursuit of
real-world profits. People feel cheated when their avatars lose
virtual property to wrongdoers. Increasingly, they turn to legal
systems for solutions. But when your avatar has been robbed, what
law is there to assist you? In Virtual Justice, Greg Lastowka
illustrates the real legal dilemmas posed by virtual worlds.
Presenting the most recent lawsuits and controversies, he explains
how governments are responding to the chaos on the cyberspace
frontier. After an engaging overview of the history and business
models of today's virtual worlds, he explores how laws of property,
jurisdiction, crime, and copyright are being adapted to pave the
path of virtual law. Virtual worlds are becoming more important to
society with each passing year. This pioneering study will be an
invaluable guide to scholars of online communities for years to
come.
The Software Licensing Handbook leads you through the twists and
turns of the language found in almost all software, maintenance and
professional services contracts. Plain English explanations of
standard contract wording enables anyone to understand what you are
reading, regardless of whether you are buying OR selling software.
Additionally, sections on negotiation and contract management
enable you to fully understand, appreciate and if necessary,
implement a complete contracting process.
Recent developments in Information and Communication Technologies
(ICT) have brought about changes that have revolutionalised
traditional ways of conducting business. While these developments
in cyberspace bear legal implications, legal regimes in some
African countries such as Tanzania have not kept pace with the
changes in order to properly regulate related activities happening
under cyberspace. This volume attempts to bridge the gap between
the Law and ICT developments in East Africa. It attempts to respond
to questions such as: What is Cyber Law? How are Parties Identified
under a Relationship in a Cyberspace Environment? How are Banking
and other Cyber Payments Done? What about Combating Cyber Crime and
Managing E-Commerce? What is the Impact of ICT on Intellectual
Property Rights? And, how are Internet Domain Names Regulated? The
volume is a useful handbook for those who want to understand the
changing legal guidelines in relation to developments in ICT.
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.
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