In 1787, Thomas Jefferson, then the American Minister to France, had the "complete skeleton, skin & horns" of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson's efforts, David Post, one of the nation's leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace--what it is, how it works, and how it should be governed.
What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled? Should they be controlled? And by whom? Post presents the Jeffersonian ideal--small self-governing units, loosely linked together as peers in groups of larger and larger size--as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson's writings on the New World in Notes on the State of Virginia, Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson's views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace.
In Search of Jefferson's Moose is a lively, accessible, and remarkably original overview of the Internet and what it holds for the future.

Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media. Fully up to date, the book provides extensive coverage of crucial recent developments in this field; these include: the key cases of Ashworth and Punch in the area of contempt; the ground-breaking privacy decisions in Von Hannover v Germany and Campbell v MGN; full consideration of theoretical approaches to explicit speech and blasphemy, including a detailed critique of Strasbourg case-law in the area; detailed discussion of the new offence of incitement to religious hatred; the new scheme for content regulation of broadcasting under the Communications Act 2003 in the light of Prolife Alliance; a full survey of recent domestic and Strasbourg caselaw in the areas of copyright and political defamation, and analysis of the early impact of the Freedom of Information Act. The authors - both leading academics in the field - have drawn on significant comparative decisions to formulate a coherent and provocative critique of the relationship between media law and freedom of expression, and suggested principles which make a significant contribution to the legal discourse surrounding media freedom in the Human Rights Act era. The result is a book which provides a scholarly and theoretically informed analysis of this very topical subject, of interest to those studying at all levels and practising in this area of law.

Will cyberanarchy rule the net? And if we do find a way to regulate our cyberlife will national borders dissolve as the Internet becomes the first global state? In this provocative new work, Jack L. Goldsmith and Tim Wu dismiss the fashionable talk of both a 'borderless' net and of a single governing 'code'. Territorial governments can and will, they contend, exercise significant control over all aspects of Internet communications. Examining policy puzzles from e-commerce to privacy, speech and pornography, intellectual property, and cybercrime, Who Controls the Internet demonstrates that individual governments rather than private or global bodies will play that dominant role in regulation. Accessible and controversial, this work is bound to stir comment.

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.

Advance praise for The GigaLaw Guide to Internet Law

“I read this book from cover to cover. The examples of case law are of enormous illustrative value. Some of them will raise your blood pressure (well, mine went up several notches, anyway). Well worth the time to read!”
—Vint Cerf, chairman, Internet Corporation for Assigned Names and Numbers (ICANN)

“Doug Isenberg pulls off the toughest hat trick in legal writing—he and his contributing authors map out the legal landscape of cyberspace in language accessible and friendly to lay readers, providing a comprehensive guide for lawyers who want to gain a quick grasp of cyberlaw, and they do all this with scholarly care for accuracy and precision.”
—Mike Godwin, author of Cyber Rights: Defending Free Speech in the Digital Age

“A treasure trove of information that is a relief to find, a pleasure to read, and a snap to apply to dozens of your most pressing Internet legal questions.”
—Carol Darr, director of the Institute for Politics, Democracy and the Internet

“Doug Isenberg is the authority on all issues regarding Internet law. His insight is exceptional, his experience unsurpassed. This book is both a reference work and a bible, enlightening and showing the way—a quintessential, all-encompassing work for both the novice and the veteran.”
—Marc Adler, chairman and CEO, Macquarium Intelligent Communications


Doug Isenberg is an attorney and the founder of GigaLaw.com, an award-winning website about Internet law. He writes regularly as a columnist for The Wall Street Journal Online and CNET News.com and has represented numerous high-tech and Internet clients.

For more information about The GigaLaw Guide to Internet Law, visit: http://GigaLaw.com/guide

Electronic banking is a rapidly expanding and complex area. The aim of this new edition is to assist understanding of the legal issues in this area for both legislators and draftsmen. Electronic Banking has developed at a breathtaking pace and it is very important that the law keeps up with changes in the area. Specific events have made it even more essential for an updated text on this subject; the development of payment clearing since the deregulation of cross-border flows of funds, the development of capital adequacy ratios and the Euro. Electronic banking practices affect even the simplest daily transactions, a thorough understanding of the subject is therefore vital. The second edition of Cross Border Electronic Banking 2nd Edition sees substantial developments. It explains the increasingly complex emerging payment system for the information economy. The chapters on Bolero and Swift are key for the banking industry, these are very - yen]hot-- topics that are yet to be covered by other books. The text looks at both business to business transactions and banker-customer relationships. It also discusses the latest developments including the new EC Directive on regulating the issui

Journalists have often lost constitutional rights for coverage and commentary during America's wars. Based on analysis of two hundred years of law and history, this study argues that press freedom cannot and should not be suspended during armed conflict. The military and the media must work together because neither has authority over the other.

What legal recourse do you have if someone has read your private e-mail without your consent? Who owns the copyright to the message you just posted on a bulletin board? Can you get into trouble for downloading a sexually explicit file? These are among the many questions that the authors, both practicing attorneys, address in Cyberspace and the Law. Without resorting to confusing legalese, they present a clear and concise analysis of legal issues in the anarchic world of cyberspace for members of the on-line world who have little or no legal background.The introduction provides a quick tour of cyberspace (on-line services, bulletin board systems, private systems, and networks) and activities (e-mail, public messaging systems, software exchange, electronic publishing, entertainment, chat, educational and research services, and commercial applications). Cavazos and Morin then take up electronic privacy issues including anonymity and both statutory and common law approaches to protecting private communications (featuring a discussion of Steve Jackson Games v. United States Secret Service); the virtual marketplace of electronic contracts and credit card transactions; copyright law in an uncharted new world; freedom of speech; adult material (digitized images, animated sequences, sexually explicit text, "hot chat"); and cyber-crimes.

Highly publicized legal cases, such as those involving libel verdicts, obscenity prosecutions, the First Amendment, and other areas of media law have focused attention on only one part of the media's impact on law. This study, the first to explore the broad influence of computers and television on the future of the legal process, explains the critical role of information and argues that the influence of the new modes of communication can be seen in changes occurring in many areas of the law. These areas include the goals and purposes of law, the doctrines and rules of law, the processes law uses to settle disputes and shape behavior, the legal profession, and the values and concepts that underlie our system of law.

In this book, Yuko Suda examines the Safe Harbor debate, the passenger name record (PNR) dispute, and the Society for Worldwide Interbank Financial Transactions (SWIFT) affair to understand the transfer of personal data from the European Union (EU) to the United States. She argues that the Safe Harbor, PNR, and SWIFT agreements were made to mitigate the potentially negative effects that may arise from the beyond-the-border reach of EU data protection rules or US counterterrorism regulation. A close examination of these high-profile cases would reveal how beyond-the-border reach of one jurisdiction's regulation might affect another jurisdiction's policy and what responses the affected jurisdiction possibly makes to manage the effects of such extraterritorial regulation. The Politics of Data Transfer adds another dimension to the study of transatlantic data conflicts by assuming that the cases exemplify not only the politics of data privacy but also the politics of extraterritorial regulation. A welcome and timely collection uncovering the evolution of and prospects for the politics of data privacy in the digitalized and interconnected world.

Providing a comprehensive explanation of blockchain, cryptocurrency and the international regulation and challenges that apply, this book introduces the reader to the core topics, including: global regulation of blockchain and cryptoassets; the Internet of Things; the Right to be Forgotten and the right to erasure; environmental, social and governance metrics; smart contracts; initial coin offerings; data protection regulation; Decentralised Autonomous Organisations ('DAOs') and the Metaverse. Written by leading UK experts in cyber law, the Second Edition includes: - fungible and non-fungible cryptoassets ('NFTs') - remedy and tracing strategies - financial hygiene requirements that flow from anti-money laundering - counter-terrorist financing regulations. Explaining the fundamentals of blockchain and cryptocurrency in an accessible and understandable way, and sparking new thinking about how old problems can be solved in new ways, this book is essential reading for anyone wishing to have a wider understanding of this complex and evolving area of law.

This fifth volume from the Munster Colloquia on EU Law and the Digital Economy focuses on one of the most important challenges faced by private law in this era of digitalisation: the effects of 'data as counter-performance' on contract law; a phenomenon acknowledged by the EU legislator in the new Digital Content Directive 2019/770. In the book, legal experts from across Europe examine various issues, in particular contract performance and restitution and the relationship between contract law and data protection.

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 collection analyses the regulatory aspects of harmful interference faced by those entities operating space communication and broadcasting. While technology reacts to this international phenomenon with the development of continuously improving technological systems for preventing and combating harmful interference, its international regulatory and legal framework develops at a much slower pace. Issues discussed include the increasing deterioration of signals from broadcasting and communication satellites, including cases of intentional interference known as `jamming'; the human rights balance between freedom of expression and protection from hate speech; the efficacy of the current regulatory system and the legal consequences of non-compliance; the role of national authorities, and supranational bodies such as the EU and UN. The contributors include experts drawn from international and national academia, the ITU, national regulatory authorities and operators to present an international, multidimensional, and critical analysis of this complex phenomenon.

This book presents a transnational and transsystemic perspective on the role of contract in Internet Governance, and considers parameters for assessing the utility and legitimacy of contracts in this context. Bygrave presents definitions and parameters of internet governance and the role of contract alongside examples of how these are used in the ever-changing internet world. He examines topical and well-known mediums such as Facebook in relation to their policies and online parameters. Taking into account legal developments across jurisdictions and within both common law and civil law systems, Bygrave explores the idea of the contract as the principal means of governing the virtual world.

Digital Evidence and Computer Crime, Third Edition, provides the knowledge necessary to uncover and use digital evidence effectively in any kind of investigation. It offers a thorough explanation of how computer networks function, how they can be involved in crimes, and how they can be used as a source of evidence. In particular, it addresses the abuse of computer networks as well as privacy and security issues on computer networks. This updated edition is organized into five parts. Part 1 is about digital forensics and covers topics ranging from the use of digital evidence in the courtroom to cybercrime law. Part 2 explores topics such as how digital investigations are conducted, handling a digital crime scene, and investigative reconstruction with digital evidence. Part 3 deals with apprehending offenders, whereas Part 4 focuses on the use of computers in digital investigation. The book concludes with Part 5, which includes the application of forensic science to networks. New to this edition are updated information on dedicated to networked Windows, Unix, and Macintosh computers, as well as Personal Digital Assistants; coverage of developments in related technology and tools; updated language for search warrant and coverage of legal developments in the US impacting computer forensics; and discussion of legislation from other countries to provide international scope. There are detailed case examples that demonstrate key concepts and give students a practical/applied understanding of the topics, along with ancillary materials that include an Instructor's Manual and PowerPoint slides. This book will prove valuable to computer forensic students and professionals, lawyers, law enforcement, and government agencies (IRS, FBI, CIA, CCIPS, etc.).

The Data Protection and Medical Research in Europe: PRIVIREAL series focuses on the 'Privacy in Research Ethics and Law' EC-funded project examining the implementation of Directive 95/46/EC on data protection in relation to medical research and the role of ethics committees in European countries. The series consists of five separate volumes following the complete development of the PRIVIREAL project. This volume relates to the first stage of the project regarding the implementation of the Data Protection Directive, in particular in the area of medical research. It contains an introduction and overview of this topic, keynote papers addressing specific questions on the subject, and a report on both the general implementation of the Directive and the implementation in relation to medical research in 26 European countries. The book will be invaluable for those people with an interest in data protection, medical research and their implications for each other. It lays open the actual situation across Europe, including both New Member States and Newly Associated Member States.

Now available in a paperback edition, law and technology guru Richard Susskind, author of bestselling The Future of Law, brings together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including key topics such as knowledge management and the impact of electronic commerce and electronic government. This edition includes a new Preface, in which Susskind puts forward his views on the burst of the dotcom bubble, offers an extension to his Grid to cover in-house lawyers, and comments on the next big things in this area: e-learning, document assembly, online dispute resolution, e-mail management, and matter-centric systems.

Part of a series of short books which deal with topical issues in public policy in an accessible way, this volume examines the legal impact of the information technology revolution. The massive data banks operated by public and private sector organizations have implications for both individuals and society as a whole. In the area of criminal law, the computer hacker has attained a place in popular demonology, whilst the fear of computer viruses and the problems of software piracy have attracted widespread publicity. The increasing use of and reliance upon computers in safety-critical applications also prompts consideration of the legal consequences which may follow any failure. In addition to examining the efficacy of present and proposed legal responses, this book considers the social, technical and cultural fators which influence various forms of computer-related behaviour.

Negotiating technology-related contracts can be a long and energy-consuming business. For the uninitiated or uninformed, the significance of the points under discussion may be unclear, and it can often seem that contract negotiators are pedantic, obstructive or just plain unhelpful in terms of "getting the deal done". In this context, it is essential to have a clear understanding of just what each part of the contract is designed to deal with, what both the customer and service provider are seeking to protect, and what potential compromise solutions may be available. As a result, one can avoid unnecessary debate and move faster to reasonable positions that are acceptable to both parties. This practical, how-to book seeks to explain the perspectives of both sides of the negotiating table on a clause-by-clause basis, clearly setting out the key points they will want to protect - and why - while also offering suggestions as to what they may be willing to concede or compromise upon. It is written with the benefit of DLA Piper's unparalleled view of the global market for technology sourcing and outsourcing projects, and from acting both for customers and service providers in this space. An invaluable negotiating guide, this edition will be of particular interest to anyone involved in technology-related contracts.

Even though the First Amendment of the U.S. Constitution grants freedom of speech and freedom of the press, laws and regulations governing media frequently evolve as the media themselves do. As a result, it is often a challenge to keep pace with new laws and regulations. Electronic Media Law is a comprehensive, up-to-date textbook on the constantly changing and often complex world of electronic media law. Author Roger L. Sadler examines the laws, regulations, and court rulings affecting broadcasting, cable, satellite, and cyberspace. The book also looks at cases from the print media and general First Amendment law, because they often contain important concepts that are relevant to the electronic media. Electronic Media Law is written for mass media students, not for future lawyers, so the text is straightforward and explains "legalese." The author covers First Amendment law, political broadcasting rules, broadcast content regulations, FCC rules for station operations, cable regulation, media ownership rules, media liability lawsuits, intrusive newsgathering methods, media restrictions during wartime, libel, privacy, copyright, advertising law, freedom of information, cameras in the court, and privilege. Key Features Provides an easy-to-use format of chapter categories and sections that facilitate research on individual topics Frequently Asked Questions highlight important points from cases Explains complex, legal concepts in basic terms that give students the foundation for further studies in electronic media law Electronic Media Law provides an understanding of the First Amendment and the American legal system with an emphasis on the electronic media. It is an excellent textbook for undergraduate and graduate students studying broadcast law and media law.