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States increasingly delegate regulatory and police functions to Internet intermediaries. The delegation is achieved by providing an incentive in the form of conditional liability exemptions. In the EU, the exemptions enshrined in the E-Commerce Directive effectively require intermediaries to police online content if they wish to maintain immunity regarding third party content. Such an approach results in delegated private enforcement that may lead to interference with the right to freedom of expression. Involving intermediaries in content regulation may be inevitable. The legal framework, on which it is based, however, should come equipped with safeguards that ensure effective protection of the right to freedom of expression.This book analyses the positive obligation of the European Union to introduce safeguards for freedom of expression when delegating the realisation of public policy objectives to Internet intermediaries.It also identifies and describes the safeguards that should be implemented in order to better protect freedom of expression.In a time when these issues are of particular relevance, Intermediary liability and freedom of expression in the EU provides the reader with a broader perspective on the problem of delegated regulation of expression on theInternet. It also provides the reader with up-to-date information on the discussions in the EU.
This book examines one of the greatest social and legal concerns of the modern age: social networking and the internet. The growing law and issues of, and created by, social networking and related websites involve real and diverse concerns. The concerns face the website operators, users, parents, schools, universities, employers, organisations, outsource organisations, the police, lawyers, courts, rights organisations and policymakers.Social networking is wonderful, yet staggering - in a short space of time, user populations greater than the populations of nation states have joined social networks. One social networking website reports to have amassed over 1 billion regular users. Yet, the legal issues (and others) involved with social networking and related websites are getting as many media headlines as the technologies themselves. Some of these are similar to established legal issues, however, with increasing frequency, the issues are entirely new. In addition, the scale of the issues are at a level unprecedented in collective memory. If that was not enough, the pace of the legal issues which must be considered and, more importantly, the pace and urgency with which they must be dealt with, add significant temporal pressures. This timely and appropriate book outlines the new law and issues relating to social networking. It offers a strong international comparative element and examines various legal jurisdictions. The growing law and issues of, and created by, social networking and related websites involve real and diverse concerns for policy. To victims, lawyers, parents, society, and policy makers, social networking in its various forms can be considered one of the most pressing legal issue today, with more issues and concerns than occur in any other field of contemporary law. Table of Contents include: Internet and Technology * Privacy and Data Protection * Social Networking Policies * Advertising and Marketing * Beacon Settlement * Europe against Facebook * Facebook Audit * Laws 'Re-Phormed'? * Data Breaches * Tagging * Evidential Issues * Cloud Computing * Employees * Educational Institutions * Tracking the Trackers * Personal Relations * Social Networking after Death * Profiles in Purgatory * A Critical Approach to the Right to Be Forgotten * Children and Social Networking * Social Networking and Internet Access * Peer to Peer and Privacy * Social Networking and Sports * Social Networking and the Courts * Privacy by Design * Data Protection Audits * The Future.
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