Economic regulation in the telecommunications sector can be performed through economy-wide instruments, such as antitrust law and antitrust authorities, or through sector-specific instruments, such as telecommunications regulation and regulatory authorities. Relying on a comparative analysis of five countries, the present book seeks to shed some light on the respective roles of both types of instruments in liberalized telecommunications markets.

Internet Marketplaces explains and analyses the legal questions and challenges posed by the increased use of online auctions and exchanges for business transactions. Rather than focusing on internet businesses as a whole, the author studies the rules related to closed internet marketplaces where commercial dealings are carried out. The book provides a detailed analysis of the new business models that are being employed, their legal structures, and the extent to which further work is still required to fill in the legal infrastructure.

The majority of countries in the world have already agreed to accept minimum standards of intellectual property protection and enforcement - the key issue now is how much control innovators should have over their creative works or inventions. The contributors to this book analyse and develop this issue, which is of increased importance in the new knowledge-based economy. One view is that broad and powerful rights give the creators the ability to trade information and push the frontiers of knowledge forward faster; the opposing view is that increased power over information will freeze development and chill intellectual interchange.

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.

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.

Can there even be an applied ethics of digital images? What content could such a normative ethics have? And finally: What is the relationship between ethics and the law of digital images? This book collects contributions of an interdisciplinary German-Italian conference in the Villa Vigoni funded by the DFG to explore the ethical questions raised by digital images.

Greift die Bundesnetzagentur regulierend in das Marktgeschehen nach dem TKG ein, betrifft dies regelmassig nicht nur den Regulierungsadressaten, sondern auch andere zugangsberechtigte Netzbetreiber und Diensteanbieter. Dementsprechend ist der Drittschutz im Rahmen der Marktregulierung ein Feld, das seit einigen Jahren vermehrt Gegenstand gerichtlicher AEusserungen gewesen ist. Zusatzlich aufgeladen wird diese Thematik durch die richtlinienrechtliche Vorsteuerung. Im Fokus dieser Untersuchung steht die Ermittlung des drittschutzenden Gehalts der Marktregulierungsnormen sowie eine systematisierende Einteilung der drittschutzenden Regelungen. Behandelt werden neben uberkommenen Kriterien zur Bestimmung drittschutzender Normen auch Ansatze zur Bewaltigung multipolarer Konfliktlagen und Richtlinienvorgaben.

Die Auswirkungen der Digitalisierung auf das strafprozessuale Beweisrecht sind im digitalen Zeitalter von besonderer Bedeutung. Die Autorin analysiert die Probleme, die mit der zunehmenden Einfuhrung digitaler Beweismittel einhergehen und arbeitet diese unter Vergleich der bestehenden Regelungen auf. Informationstechnisch liegt der Fokus auf der Bewertung der Beweis- und Manipulationssicherheit, sowie der Darstellung der zunehmenden Rolle der IT-Forensik. Letztlich kommt sie zu dem Ergebnis, dass die spezifischen Beweisprobleme nur unter Berucksichtigung der Doppelnatur digitaler Beweise aufzuklaren sind.

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.

Since its emergence, big data has brought us new forms of energy, technology and means of organization which will generate greater values by crossover, integration, openness and sharing of data. Nevertheless, risks caused by open access and the flow of data also bring us enormous challenges to privacy, business secrets and social and national securities. This raises people's awareness on data sharing, privacy protection and social justice, and becomes a significant governance problem in the world. In order to solve these problems, Data Rights Law 1.0 is innovative in that it proposes a new concept of the "data person". It defines "data rights" as the rights derived from the "data person" and "data rights system" as the order based on "data rights". "Data rights law" is the legal normative formed out of the "data rights system". In this way, the book constructs a legal framework of "data rights-data rights system-data rights law". If data is considered as basic rights, on which new order and laws are to be built, it will bring brand new and profound meaning to future human life.

Welche rechtlichen Grenzen sollen bei der Mitwirkung von Kindern und Jugendlichen in den Medien gelten? Diese Frage ist nicht nur Gegenstand einer gesamtgesellschaftlichen Diskussion, sondern bewegt spatestens seit den "Caroline"-Urteilen auch die juristische Welt. Die Autorin erlautert nicht nur die rechtlichen Grundlagen fur minderjahrige Akteure in Medien und sozialen Netzwerken, sondern zeigt auch die vorhandenen Schutzlucken auf. Anhand konkreter Massnahmen empfiehlt Sie, die aktuelle Rechtslage zu reformieren, um dem verfassungsrechtlich garantierten Schutz Minderjahriger, aber auch der Meinungs- und Pressefreiheit, gerecht zu werden.

Protecting the privacy of student data when bringing technology into the classroom is one of the toughest organizational challenges facing schools and districts today. Parent and legislator concerns about how school systems protect the privacy of student data are at an all-time high. School systems must navigate complex federal and state regulations, understand how technology providers collect and protect student data, explain those complexities to parents, and provide the reassurance the community needs that the student information will remain safe. Student Data Privacy: Building a School Compliance Program provides solutions for all of these challenges and more. It is a step-by-step journey through the process of building the policies and practices to protect student data, and shifting the organizational culture to prioritize privacy while still taking advantage of the tremendous benefits that technology has to offer in the modern classroom.

Since its first edition in 1988, The Arkansas Freedom of Information Act has become the standard reference for the bench, the bar, and journalists for guidance in interpreting and applying the state's open-government law. This sixth edition, published fifty years after the passage of the Act in 1967, builds upon its predecessors, incorporating later legislative enactments, judicial decisions, and Attorney General's opinions to present a synthesis of the law of access to public records and meetings in Arkansas.

The Radio Act of August 13, 1912, provided for the licensing of radio operators and transmitting stations for nearly 15 years until Congress passed the Radio Act of 1927. From 1921 to 1927, there were continual revisions and developments and these still serve as the basis for current broadcast regulation. This book chronicles that crucial six-year period using primary documents. The administrative structure of the Department of Commerce and the personnel involved in the regulation of broadcasting are detailed. The book is arranged chronologically in three sections: Broadcast Regulation and Policy from 1921 to 1925; Congestion and the Beginning of Regulatory Breakdown in 1924 and 1925; and Regulatory Breakdown and the Passage of the Act of 1927. There is also discussion of the Department of Commerce divisions and their involvement until they were absorbed by the Federal Communication Commission. A bibliography and an index conclude the work.

What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book is the culmination of nearly six years of research initiated by Fred Cate and Jim Dempsey to examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Leading an effort sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands on telecommunications providers and other private-sector companies to disclose bulk information about their customers. Their initial research found disturbing indications of systematic access in countries around the world. These data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access. initiated by Fred Cate and James Dempsey to examine the This book contains twelve updated country reports plus eleven analytic chapters that present descriptive and normative frameworks for assessing national surveillance laws, survey evolving international law and human rights principles applicable to government surveillance, and describe oversight mechanisms. It also explores the concept of accountability and the role of encryption in shaping the surveillance debate. Cate and Dempsey conclude by offering recommendations for both governments and industry.

One of the nation's leading First Amendment attorneys provides media counsel with up-to-date information on how to avoid litigation, the andquot;public person, andquot; settlement and pretrial tactics, winning trial tactics and cost minimization techniques; with ample case analysis, including the landmark case Moldea v. New York Times Co. By Bruce W. Sanford. Libel and Privacy by Bruce W. Sanford explains how the U.S. Supreme Court is now approaching constitutional libel law and setting the boundaries for invasion of privacy suits. Comprehensive coverage of all key topics includes: Establishing effective techniques to avoid litigation by following the four-step review process In-depth treatment of andquot;public personandquot; Valuable settlement and pretrial tactics Winning trial tactics and cost minimization techniques Analysis of recent cases and new developments including those in the emerging cyber-like area Discussion of the landmark case Moldea v. New York Times Co. -- which the author argued and won An illustration of the legal and factual criteria governing the measurement of damages in libel actions And more

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.

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.