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This comprehensive Research Handbook analyses the impact of the
rapid growth of digital trade on businesses, consumers, and
regulators. Leading experts provide theoretical and practical
insight into how to manage the legal and policy challenges of the
global digital economy. Chapters cover key areas of digital trade
policy and regulation, examining finance, investment, tax, AI, and
security. Drawing from a broad spectrum of digital trade
sub-specialisms, this Research Handbook explores diverse regional
and national approaches to e-commerce, spanning Africa, the
Americas, Asia, Europe, and the Middle East. It scrutinises the
evolution of digital trade within the international trade system,
assessing its inclusion within the WTO and the move towards
digital-only agreements. Contributors investigate pressing legal
controversies concerning trade protectionism, the recognition of
intellectual property, and the safeguarding of personal data. This
Research Handbook will be an invaluable resource for academics and
students in digital trade, international law, public policy, and
regulation. It will also be a useful guide for legal and political
practitioners seeking to understand the emerging field of digital
trade.
This interdisciplinary edited collection brings together scholars,
activists, and policy makers to build consensus around what a
connected society means for Canada. The collection offers insight
on the state of citizenship in a digital context in Canada and
proposes a research and policy agenda for the way forward. Part I
examines the current landscape of digital civic participation and
highlights some of the missing voices required to ensure an
inclusive digital society. Part II explores the relationship
between citizens and their political and democratic institutions,
from government service delivery to academic and citizen engagement
in policy making. Part III addresses key legal frameworks that need
to be discussed and redesigned to allow for the building and
strengthening of an inclusive society and democratic institutions.
This is a foundational resource for policy makers, students, and
researchers interested in understanding citizenship in a digital
context in Canada. Published in English.
Years of surveillance-related leaks from US whistle blower Edward
Snowden have fuelled an international debate on privacy, spying,
and Internet surveillance. Much of the focus has centered on the
role of the US National Security Agency, yet there is an important
Canadian side to the story. The Communications Security
Establishment, the Canadian counterpart to the NSA, has played an
active role in surveillance activities both at home and abroad,
raising a host of challenging legal and policy questions. With
contributions by leading experts in the field, Law, Privacy and
Surveillance in Canada in the Post-Snowden Era is the right book at
the right time: From the effectiveness of accountability and
oversight programs to the legal issues raised by metadata
collection to the privacy challenges surrounding new technologies,
this book explores current issues torn from the headlines with a
uniquely Canadian perspective.
In the summer of 2012, the Supreme Court of Canada issued rulings
on five copyright cases in a single day. The cases represent a
seismic shift in Canadian copyright law, with the Court providing
an unequivocal affirmation that copyright exceptions such as fair
dealing should be treated as users' rights, while emphasizing the
need for a technology neutral approach to copyright law. The
Court's decisions, which were quickly dubbed the "copyright
pentalogy," included no fees for song previews on services such as
iTunes, no additional payment for music included in downloaded
video games, and that copying materials for instructional purposes
may qualify as fair dealing. The Canadian copyright community soon
looked beyond the cases and their litigants and began to debate the
larger implications of the decisions. Several issues quickly
emerged. This book represents an effort by some of Canada's leading
copyright scholars to begin the process of examining the long-term
implications of the copyright pentalogy. The diversity of
contributors ensures an equally diverse view on these five cases,
contributions are grouped into five parts. Part 1 features three
chapters on the standard of review in the courts. Part 2 examines
the fair dealing implications of the copyright pentalogy, with five
chapters on the evolution of fair dealing and its likely
interpretation in the years ahead. Part 3 contains two chapters on
technological neutrality, which the Court established as a
foundational principle of copyright law. The scope of copyright is
assessed in Part 4 with two chapters that canvas the exclusive
rights under the copyright and the establishment of new "right"
associated with user-generated content. Part 5 features two
chapters on copyright collective management and its future in the
aftermath of the Court's decisions. This volume represents the
first comprehensive scholarly analysis of the five rulings. Edited
by Professor Michael Geist, the Canada Research Chair in Internet
and E-commerce Law at the University of Ottawa, the volume includes
contributions from experts across Canada. This indispensable volume
identifies the key aspects of the Court's decisions and considers
the implications for the future of copyright law in Canada.
Que cela signifie-t-il d'etre un citoyen(ne) au Canada dans un
contexte numerique ? Quelles sont les consequences de cet
environnement numerique pour les citoyen(ne)s et pour les
decideur(e)s publics ? Cet ouvrage collectif interdisciplinaire
rassemble des chercheur(e)s, des activistes et des decideurs
publics pour degager un consensus sur ce que signifie une societe
numerique pour le Canada. Ce collectif presente un apercu de l'etat
de la citoyennete dans un contexte numerique au Canada et propose
un programme de recherche et de politiques publiques pour aller de
l'avant. La partie I examine le paysage actuel de la participation
civique numerique et met en lumiere certaines voix manquantes dont
nous avons besoin pour construite une societe numerique inclusive.
La partie II explore la relation entre les citoyen(ne)s et leurs
institutions politiques et democratiques, de la prestation des
services gouvernementaux a l'engagement academique et citoyen dans
les politiques publiques. La partie III analyse les principaux
cadres juridiques qui doivent etre discutes et redefinis afin de
permettre l'etablissement et le renforcement d'une societe
inclusive et d'institutions democratiques. Il s'agit d'une
ressource fondamentale pour les decideur(e)s publics, les
etudiant(e)s et les chercheurs interesses a comprendre la
citoyennete dans un contexte numerique au Canada. Publie en
anglais.
Controversy shrouds sharing economy platforms. It stems partially
from the platforms' economic impact, which is felt most acutely in
certain sectors: Uber drivers compete with taxi drivers; Airbnb
hosts compete with hotels. Other consequences lie elsewhere: Uber
is associated with a trend toward low-paying, precarious work,
whereas Airbnb is accused of exacerbating real estate speculation
and raising the cost of long-term rental housing. While governments
in some jurisdictions have attempted to rein in the platforms,
technology has enabled such companies to bypass conventional
regulatory categories, generating accusations of "unfair
competition" as well as debates about the merits of existing
regulatory regimes. Indeed, the platforms blur a number of familiar
distinctions, including personal versus commercial activity;
infrastructure versus content; contractual autonomy versus
hierarchical control. These ambiguities can stymie legal regimes
that rely on these distinctions as organizing principles, including
those relating to labour, competition, tax, insurance, information,
the prohibition of discrimination, as well as specialized sectoral
regulation. This book is organized around five themes: technologies
of regulation; regulating technology; the sites of regulation
(local to global); regulating markets; and regulating labour.
Together, the chapters offer a rich variety of insights on the
regulation of the sharing economy, both in terms of the traditional
areas of law they bring to bear, and the theoretical perspectives
that inform their analysis. Published in English.
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