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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
The European Data Protection Basic Regulation brings a uniform data protection law directly applicable in all European Member States, which will also have to be complied with by numerous companies outside the EU with business in the EU. The existing national data protection laws are thus largely replaced. Companies have to adapt their business models and processes to the new requirements within a period of two years.This book is the ideal basis for legal advisors and all internationally affected companies to review existing business processes and to shape new processes and business models in accordance with data privacy.
The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.
This book addresses important issues at the intersection of copyright law and Internet policy. It is the result of a comprehensive, multi-year review of three key topics: 1) the legal framework for the creation of remixes; 2) the relevance and scope of the first sale doctrine in the digital environment; and 3) the application of statutory damages in the context of individual file-sharers and secondary liability for large-scale online infringement. Each section provides recommendations based on the stakeholder input received.
This book considers jurisdictional issues on violations of personality rights through the Internet under the so-called 'Brussels-Lugano Regime' and centres on the special rule of jurisdiction in matters relating to tort, delict, or quasi-delict. It notes the governing objectives and underlying principles of this special rule; analyses its interpretation through the judgments of the ECJ, especially Bier, Shevill, and eDate and Martinez; and explores views expressed in legal theory and national judicial practice regarding its application for localising online violations of personality rights. The book aims to examine how the eDate and Martinez approaches advance administrability, predictability, and litigational justice and to assess whether they are suitable jurisdictional bases in Europe, where common legal norms, interests, and values increasingly integrate and connect persons. It concludes that they are not and recommends their possible reform.
The Internet is often described as a "network of networks" because it is not a single physical entity, but hundreds of thousands of interconnected networks linking hundreds of millions of computers around the world. As such, the Internet is international, decentralised, and comprised of networks and infrastructure largely owned and operated by private sector entities. As the Internet grows and becomes more pervasive in all aspects of modern society, the question of how it should be governed becomes more pressing. This book reviews the issues, the management, and future of internet governance.
Notre droit et sa philosophie ont ete concus pour un monde economique materiel, marque par la rarete et par le cloisonnement territorial. Sans critere territorial, les philosophies dominantes du droit s'ecroulent. Il en va ainsi notamment de la Theorie Pure du droit de KELSEN dont le critere territorial est la pierre d'angle. De la, il est facile de comprendre que le monde virtuel de l'Internet etant marque par l'abondance au lieu de la rarete, n'ayant pas de territoires, et n'etant pas materiel ne saurait etre efficacement gere selon nos principes juridiques et philosophiques habituels. Dans l'Internet, meme la conception aristotelicienne de la justice -qui attribue a chacun le sien et repartit des biens materiels en nombre limite- est depassee. Bien que notre droit ne connaisse que cette justice et ses variantes -telle la Theorie de la Justice de John RAWLS-, elle ne peut s'appliquer utilement au cyberespace. Ce livre propose une philosophie de la justice plus adaptee au monde virtuel et des principes d'action juridique propres a accompagner efficacement le developpement de l'Internet et de la societe de l'information. Anna MANCINI est Docteur en Droit
What is the appropriate balance between privacy, security, and accountability? What do we owe each other in terms of information sharing and access? Why is privacy valuable and is it more or less important than other values like security or free speech? Is Edward Snowden a hero or villain? Within democratic societies, privacy, security, and accountability are seen as important values that must be balanced appropriately. If there is too much privacy, then there may be too little accountability - and more alarmingly, too little security. On the other hand, where there is too little privacy, individuals may not have the space to grow, experiment, and engage in practices not generally accepted by the majority. Moreover, allowing overly limited control over access to and uses of private places and information may itself be a threat to security. By clarifying the moral, legal, and social foundations of privacy, security, and accountability, this book helps determine the appropriate balance between these contested values. Twelve specially commissioned essays provide the ideal resource for students and academics in information and applied ethics.
Communication Law in America is a comprehensive, easy-to-follow overview of the complicated ways in which U.S. law determines who may say what to (and about) whom. It covers the usual content- libel, invasion of privacy, copyright and trademark, access to government information, advertising, electronic media- all the while giving readers a sense of how and why this country has come to weigh freedom of speech above competing freedoms far more often than in other Western democracies. This fourth edition of the well-received text boasts over 300 new citations, including discussion of a dozen U. S. Supreme Court decisions handed down since the previous edition. The nearly 200 still photos and over 80 videos on the author-maintained website - generally not images of litigants but of the actual artifacts (TV and movie scenes, advertisements, news reports) that led to the law suits- have always represented dramatic added value to students and professors alike. The new edition includes 35 new visual elements, including 20 videos. The text also offers a new section on how the First Amendment applies to special populations, including students, government employees in general, and the military in particular.
New Media, Old Regimes: Case Studies in Comparative Communication Law and Policy, by Lyombe S. Eko, is a collection of novel theoretical perspectives and case studies which illustrate how different communication law regimes conceptualize and apply universal ideals of human rights and freedom of expression to media controversies in real space and cyberspace. Eko's investigation includes such controversial communication policy topics as North African regimes' failed use of telecommunications to suppress the social change of the Arab Spring, the Mohammad cartoon controversy in Denmark and France, French and American policy of development and diffusion of the Minitel and the Internet, American and Russian regulation of internet surveillance, the problem of managing pedopornography in cyberspace and real space, and other current communication policy cases. This study will aid readers not only to understand different national and cultural perspectives of thorny communication issues, but also show that though freedom of expression is a pluralistic concept, the actions of all political regimes at the national, transnational, and international levels must be held up to the universal standards of freedom of expression set forth in the Universal Declaration of Human Rights. New Media, Old Regimes provides essential scholarship on comparative communication law and policy in a world of new media.
A data security breach occurs when there is a loss or theft of, or other unauthorized access to, sensitive personally identifiable information that could result in the potential compromise of the confidentiality or integrity of data. This book provides an overview of state security breach notification laws applicable to entities that collect, maintain, own, possess, or license personal information. This book describes information security and security breach notification requirements in the Office of Management and Budget's "Breach Notification Policy," the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), and the Gramm-Leach-Bliley Act (GLBA).
Uno puede preguntarse como un juez o una camara legislativa de algun gobierno determina que cosas pueden ser vistas u oidas en los diversos medios de telecomunicaciones. Algunos indagan sobre la censura a contenidos indecentes u obscenos; otros ponen mas enfasis en la restriccion a contenidos violentos. Muchos debaten cuales deben ser los parametros para supervisar la concentracion de los medios....
Expert hands-on advice on getting the most out of Web 2.0 and cloud computing. Applications like YouTube, Facebook, Flickr and Slideshare all raise legal problems for the information professional. Whether you're working with, managing or using Web 2.0 or cloud computing applications you will need to be able to assess and manage risk effectively. This no-nonsense practical working tool will make the relevant legal principles simple to understand for those with little or no experience and make common problems quick to solve when you're struggling with daily deadlines. Each chapter starts with an accessible introduction to the key areas of relevant law and the implications for Web 2.0 and cloud computing. Cross-sectoral case studies illustrate real world problems and exercises with easy-to-follow, pragmatic solutions allow you to quickly develop good practice. The relevant practice is discussed in relation to these key topics: the major legal issues raised by Web 2.0 an overview of copyright other intellectual property rights and related rights data protection including UK and EU law freedom of information defamation and global differences in defamation law cloud computing issues liability issues. Readership: This is an essential toolkit for all information professionals working in public, academic or special libraries, archives or museums, who are working with, using or managing Web 2.0 or cloud computing applications. It also provides a practical introduction to the law on these topics for LIS students and academics.
A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model. |
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