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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications 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.
Key takeaways: *Learn new e-discovery techniques and stay
competitive. *Offer clients and customers real service in tackling
difficult problems. *Cut-through the overwhelming amount of data.
*Give regulators and judicial decision-makers exactly what they
want. The second edition of International E-Discovery provides an
analysis from across the globe of the different approaches to and
cutting-edge techniques in the use of digital evidence in legal and
regulatory contexts. Technology specialists and legal practitioners
in different jurisdictions come together to explain the latest
developments in how digital evidence is collected, interrogated and
deployed in response to legal proceedings, regulatory
investigations, and in order to comply with organisational
requirements. The perennial problem created by the vast volumes of
corporate data continues to present a significant challenge around
the world whilst at the same time new software is developed and the
legal and regulatory systems are more accepting of the involvement
of technology in litigation, arbitration and regulatory
investigations. Computer science grounded in statistics invades
traditional legal knowledge giving rise to new approaches in legal
procedure and outcomes. Effectively bringing together the skills
and approaches of two very different disciplines is vital to
maintaining a system of proportionate justice. Leading
practitioners who work at the coal face on a daily basis look at
professional competency and conduct, privacy laws, judicial
awareness, the skilful deployment of powerful search tools and the
shape of the future. In this second edition the reader is brought
fully up to date with what works and what has failed and where
future investment is likely to be needed. The new edition also
contains expanded geographic coverage with more professional tips
on getting ahead with best practice on a country by country basis.
A must-have addition to the seasoned practitioner's library, a
vital read for students and practitioners of the future, and
essential background reading for judges and arbitrators, this is
both a thought leadership and accessible, practical text that
brings together multiple professional disciplines into a single
volume.
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.
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.
This book gathers contributions related to the most pressing
problems and challenges that new information and communications
technologies (ICT) and digital platforms introduce into the labour
market, and the impact they have on the way that people work, their
rights and even their health and dignity. In addition, there are
also chapters studying personal data protection, which is currently
a topic of maximum interest due to the New European Regulation
about it.The contributors here are drawn from around the world,
with several countries represented, such as Portugal, Spain, Italy,
Brazil, Australia and Venezuela. The book will appeal lawyers,
legal and human resources experts, economists, judges, academics
and staff from trade unions, and employers' representation.The
volume features insights and contributions in different languages,
with chapters in Spanish (12), English (6) and Portuguese (4).
The introduction of new digital information and communications
technologies has given birth to a new legal domain, commonly called
Information and Communication Technology Law or more fashionable -
Cyber Law. Electronic commerce has led to specific legal problems,
for example with regard to evidence, liability, consumer protection
or payment. The convergence between broadcasting,
telecommunications and digital information technology has created a
new platform for public information with all the related legal
issues. Practically every country in the world has issued specific
legislation or developed case law in this area. The domain has
acquired sufficient stability to fit into a common structure. A
logical consequence of this evolution is the publication of an
International Encyclopaedia of Cyber Law. The Encyclopaedia
consists primarily in a series of national monographs, treating the
different legal subjects related to information and communication
technology on the basis of a common standard outline. The outline
contains, besides a general introduction, seven main parts:
Regulation of the ICT Market; Protection of Intellectual Property
in the ICT Sector; IICT Contracts; Electronic Transactions;
Non-Contractual Liability; Privacy Protection: and,
Computer-Related Crime. Besides the national monographs, this
Encyclopaedia also contains monographs on supranational and
international cyber law issues. Examples are the monographs on
European Union Cyber Law or on International and Global
Telecommunications Law. The Encyclopaedia provides further an
International Cyber Law Codex with important international texts in
this field. The initial volume of the Encyclopaedia contains
information about cyber laws in Australia, Hong Kong, Cyprus,
Greece, Ireland, Japan, U.K.,Portugal, South Africa and Spain.
Other countries will be incorporated as the Encyclopaedia matures.
The Nigerian telecommunications industry has continued to grow in a
phenomenal manner following market liberalization reforms that
commenced in the 1990s. As of 2017, the telecommunications industry
was one of the fastest-growing economic sectors in Nigeria and the
fourth largest contributor to the country's Gross Domestic Product.
The telecommunications industry, however, remains a highly
technical and naturally dynamic industry that has not been a usual
area for legal research in developing countries such as Nigeria.
This book bridges that gap in knowledge by providing an analysis of
the legal and policy instruments that regulate the industry. It
comprises eleven chapters that discuss the historical evolution of
telecommunications and its regulation; the development of the
Nigerian telecommunications industry from 1886 to 2017; the legal
basis for the regulation of the industry; the licensing and duties
of service providers; the regulation of network infrastructure; the
protection of consumers; the regulation of competition,
interconnection, universal access, and environmental protection;
and the resolution of industry disputes. This book will be useful
to policy makers, legislators, regulators, lawyers, law students,
investors, operators, and consumers, as well as any person
interested in the Nigerian telecommunications industry.
This volume of Law in Context focuses on the legal issues raised by
the digital revolution. It presents new perspectives on familiar
questions about the effectiveness of intellectual property in
promoting innovation and protecting privacy. The articles address
such issues as: heritage and cultural property protection in an age
of instant reproduction and voracious knowledge exploitation; the
difficulties faced by developing nations and by China in dealing
with intellectual property; cyberspace and the implications for
privacy law; improving the patent system to promote innovation; and
copyright and digitisation processes in New Zealand museums. This
volume goes beyond conventional wisdom and disciplinary orthodoxy
to re-evaluate innovation, communication and law in an era of rapid
technological change. Intellectual Property and New Technologies is
a special issue (Volume 29 No 1) of the journal Law in Context. You
can purchase a single copy of this issue through this page, or
subscribe to the journal from the journal page.
The principle of Network Neutrality prescribes that all data
packets that are being sent through the Internet must be treated
equally with respect to their origin, destination, and content. It
has recently received much attention by policymakers in the US and
Europe and is debated controversially. This book advances the
debate by providing a scientific and unbiased view on Network
Neutrality, and the related issue of Open Access as policy
instruments to counteract the anticipated scarcity of
telecommunications infrastructure. The book contains articles by
leading international legal and economic scholars, as well as by
policymakers on the possible effects of Network Neutrality and Open
Access regulation, and thus offers a holistic and interdisciplinary
viewpoint on these issues.
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