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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
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.
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