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.

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

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....

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.

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.

The federal computer fraud and abuse statute, 18 U.S.C. 1030, protects computers in which there is a federal interest (federal computers, bank computers, and computers used in or affecting interstate and foreign commerce). It shields them from trespassing, threats, damage, espionage and from being corruptly used as instruments of fraud. It is not a comprehensive provision; instead it fills cracks and gaps in the protection afforded by other state and federal criminal laws. This book provides an overview of the federal computer fraud and abuse statute and related federal criminal laws with a focus on the proper handling of digital evidence and forensics.

Concerned that the fast-evolving technology used to empower students also puts the school at risk? The legal issues that affect today's classrooms require a heightened awareness and understanding of Internet safety and cyber law. This timely reference is an essential overview for teachers, media specialists, and administrators covering legal issues related to Internet and technology use. Lawyer and educational policy expert Aimee M. Bissonette provides up-to-date research, jargon-free summaries of legal cases illustrating potentially risky classroom situations, and proactive strategies on: Privacy, security, copyright, liability, and safety Internet tools, social networking sites, cyberbullying, and appropriate online behavior The use of non-school electronics such as cell phones, handheld computers, and cameras With sample policies, procedures, permission forms, and contract language, Cyber Law turns complicated legal concepts into concrete ideas that will help schools act responsibly and anticipate new developments.

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

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.

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 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.

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.

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.

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.