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Author: Joris van Hoboken
Publisher: Kluwer Law International B.V.
ISBN: 9041141383
Category : Law
Languages : en
Pages : 654
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Book Description
In this book, the author explores how search media can be incorporated into freedom of expression doctrine, as well as media and communications law and policy more generally. And the book develops a theory of the legal relations between national governments and search media providers on the one hand and between end-users and information providers on the other. Among the many issues covered are the following: role of government under the right to freedom of expression; lack of transparency about the ranking and selection of search results; search engine and ISP intermediary liability; filtering by access providers; freedom of expression and the governance of public libraries; the search engine market, its business model and the separation rule for advertising; search engine self-regulation; user profiling and personalization; decisions and actions for which search engines should be able to claim protection. The analysis draws on specific legal developments under Article 10 of the European Convention on Human Rights and the United States First Amendment, and investigates issues of diversity, pluralism, and freedom of expression as they relate to editorial control in other media. The author concludes with recommendations regarding search engine governance and the proper role of government, indicating which existing elements of the regulatory framework for search media can be improved and offering directions for future legal and empirical research. Considering the ever-growing cultural, political, and economic importance of the Internet and the World Wide Web in our societies, and the societal interests involved in the availability of effective search tools, this first in-depth legal analysis of search engine freedom will prove indispensable to the many practitioners and policymakers concerned with freedom of expression in the digital age.
Author: Joris van Hoboken
Publisher: Kluwer Law International B.V.
ISBN: 9041141383
Category : Law
Languages : en
Pages : 654
Get Book Here
Book Description
In this book, the author explores how search media can be incorporated into freedom of expression doctrine, as well as media and communications law and policy more generally. And the book develops a theory of the legal relations between national governments and search media providers on the one hand and between end-users and information providers on the other. Among the many issues covered are the following: role of government under the right to freedom of expression; lack of transparency about the ranking and selection of search results; search engine and ISP intermediary liability; filtering by access providers; freedom of expression and the governance of public libraries; the search engine market, its business model and the separation rule for advertising; search engine self-regulation; user profiling and personalization; decisions and actions for which search engines should be able to claim protection. The analysis draws on specific legal developments under Article 10 of the European Convention on Human Rights and the United States First Amendment, and investigates issues of diversity, pluralism, and freedom of expression as they relate to editorial control in other media. The author concludes with recommendations regarding search engine governance and the proper role of government, indicating which existing elements of the regulatory framework for search media can be improved and offering directions for future legal and empirical research. Considering the ever-growing cultural, political, and economic importance of the Internet and the World Wide Web in our societies, and the societal interests involved in the availability of effective search tools, this first in-depth legal analysis of search engine freedom will prove indispensable to the many practitioners and policymakers concerned with freedom of expression in the digital age.
Author: Andrew T. Kenyon
Publisher: Cambridge University Press
ISBN: 1108486169
Category : Law
Languages : en
Pages : 293
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Book Description
Drawing from multiple scholarly fields, Kenyon examines free speech's positive dimensions of enablement and how they can be pursued.
Author: Michael O'Doherty
Publisher: Bloomsbury Publishing
ISBN: 1526508036
Category : Law
Languages : en
Pages : 1206
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Book Description
Shortlisted for DSBA Law Book of the Year Award 2020 The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation. This book examines issues such as privacy, data protection, defamation, data protection, crime, intellectual property and employment, all through the prism of online behaviour. This book examines key pieces of legislation such as the E-Commerce Directive, GDPR, and Defamation Act 2009; forthcoming legislation such as the Digital Content Directive and proposed Irish legislation to combat harmful online content. With Ireland being the European base of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter, it is anticipated that the Irish courts will be the forum for many important cases in the near future. Internet Law provides a comprehensive overview of the state of the law in Ireland, EU Member States, and other common law countries such as Canada, Australia and New Zealand. And in such a fast-developing area of law, the book also anticipates many of the issues that will face courts in the near future. Key cases that this book considers include: Data protection: Google Spain [2014] – an in depth review of what exactly this case established, and the manner in which it has been interpreted in subsequent case law. Lloyd v Google [2019] – in which the English Court of Appeal made a significant finding about the availability of damages for non-pecuniary loss arising from the breach of a person's data protection rights. Defamation: Monroe v Hopkins [2017] - the first UK case to consider at length defamation on Twitter, with an in-depth analysis of meaning, identification and how to assess the degree of publication via that medium. Eva Glawischnig-Piesczech v Facebook [2019] – a significant recent decision of the CJEU on the liability of social media platforms for content posted by its users. Copyright: Sony Music v UPC [2018] - a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers. Land Nordrhein-Westfalen v Renckhoff [2018] - a recent decision of the CJEU on the nature of copyright protection attaching to photographs which are uploaded to the internet. Trade Marks: Interflora Inc v Marks and Spencer plc [2011] - a decision of the CJEU which analyses the rights of an advertiser to use the trade mark of a rival company when promoting its services on the Google Ads service. Employment: Barbulescu v Romania [2017] - a significant CJEU decision which sets out the restrictions to an employer's right to monitor the electronic communications of its employees. Privacy/ Harassment: CG v Facebook [2016], in which the Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments made by a user following notification of the alleged harassment. Evidence: Martin & Ors v Gabriele Giambrone P/A Giambrone & Law [2013]- one of several cases to consider the admissibility of evidence taken by a defendant from a plaintiff's social media account in order to question the latter's testimony.
Author: Hielke Hijmans
Publisher: Springer
ISBN: 3319340905
Category : Law
Languages : en
Pages : 631
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Book Description
This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.
Author: Stamatoudi, Irini
Publisher: Edward Elgar Publishing
ISBN: 180037691X
Category : Social Science
Languages : en
Pages : 640
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Book Description
This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.
Author: Paul Bernal
Publisher: Cambridge University Press
ISBN: 1108422217
Category : Computers
Languages : en
Pages : 303
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Book Description
Free speech, privacy and truth on the internet are linked in a messy, unruly way that needs to be embraced.
Author: Psychogiopoulou, Evangelia
Publisher: Edward Elgar Publishing
ISBN: 1802203001
Category : Law
Languages : en
Pages : 231
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Book Description
This timely book untangles the digital media jurisprudence of supranational courts in Europe with a focus on the CJEU and the ECtHR. It argues that in the face of regulatory tension and uncertainty, courts can have a strong bearing on the applicable rules and standards of digital media.
Author: Tim Dwyer
Publisher: Springer
ISBN: 1137306874
Category : Political Science
Languages : en
Pages : 209
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Book Description
A lot of personal data is being collected and stored as we use our media devices for business and pleasure in mobile and online spaces. This book helps us contemplate what a post-Facebook or post-Google world might look like, and how the tensions within capitalist information societies between corporations, government and citizens might play out.
Author: Guilherme Cintra Guimarães
Publisher: Routledge
ISBN: 0429594623
Category : Law
Languages : en
Pages : 195
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Book Description
The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU’s promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.
Author: K. O’Hara
Publisher: IOS Press
ISBN: 1614994501
Category : Computers
Languages : en
Pages : 316
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Book Description
Tracking the evolution of digital technology is no easy task; changes happen so fast that keeping pace presents quite a challenge. This is, nevertheless, the aim of the Digital Enlightenment Yearbook. This book is the third in the series which began in 2012 under the auspices of the Digital Enlightenment Forum. This year, the focus is on the relationship of individuals with their networks, and explores “Social networks and social machines, surveillance and empowerment”. In what is now the well-established tradition of the yearbook, different stakeholders in society and various disciplinary communities (technology, law, philosophy, sociology, economics, policymaking) bring their very different opinions and perspectives to bear on this topic. The book is divided into four parts: the individual as data manager; the individual, society and the market; big data and open data; and new approaches. These are bookended by a Prologue and an Epilogue, which provide illuminating perspectives on the discussions in between. The division of the book is not definitive; it suggests one narrative, but others are clearly possible. The 2014 Digital Enlightenment Yearbook gathers together the science, social science, law and politics of the digital environment in order to help us reformulate and address the timely and pressing questions which this new environment raises. We are all of us affected by digital technology, and the subjects covered here are consequently of importance to us all.
