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Author: Thomas J Shaw Esq
Publisher:
ISBN:
Category :
Languages : en
Pages : 496
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Book Description
The worlds of today and tomorrow rely upon open networks connecting distant participants exchanging personal and commercial information. Bringing some certainty to this very dynamic environment are the legal foundations supporting the free flow of information over the Internet. New lawyers, lawyers new to information and Internet law, lawyers updating their knowledge on the latest statutes and cases, and lawyers desiring a U.S. - EU comparative legal perspective are among the audiences for this single resource on information and Internet law. This book, used at law schools in the U.S. and Europe, is current to July 2020 and serves as volume 1 of a two-volume set. It provides insight by looking at current statutes, regulations, and directives in the United States and Europe. It discusses and identifies issues raised by the latest U.S. and EU cases on protection of information and use of the Internet, starting with a risk and standards-based approach to this area of law. The areas of information law addressed are: privacy, information security, and data protection law, unlawful data disclosures through cybercrime and data breach, and lawful data disclosures related to messaging and surveillance. The areas of Internet law addressed are: access, jurisdiction, speech, intermediary liability, intellectual property, and e-commerce through electronic and website agreements. Bringing a unique perspective to explain a complex topic, the author has written numerous books on legal privacy and technology and legal history, lectures and writes extensively on the latest developments in technology law, and has long lived and worked in both of these jurisdictions. This book is the result of those many years of experience and insight.
Author: Thomas J Shaw Esq
Publisher:
ISBN:
Category :
Languages : en
Pages : 496
Get Book Here
Book Description
The worlds of today and tomorrow rely upon open networks connecting distant participants exchanging personal and commercial information. Bringing some certainty to this very dynamic environment are the legal foundations supporting the free flow of information over the Internet. New lawyers, lawyers new to information and Internet law, lawyers updating their knowledge on the latest statutes and cases, and lawyers desiring a U.S. - EU comparative legal perspective are among the audiences for this single resource on information and Internet law. This book, used at law schools in the U.S. and Europe, is current to July 2020 and serves as volume 1 of a two-volume set. It provides insight by looking at current statutes, regulations, and directives in the United States and Europe. It discusses and identifies issues raised by the latest U.S. and EU cases on protection of information and use of the Internet, starting with a risk and standards-based approach to this area of law. The areas of information law addressed are: privacy, information security, and data protection law, unlawful data disclosures through cybercrime and data breach, and lawful data disclosures related to messaging and surveillance. The areas of Internet law addressed are: access, jurisdiction, speech, intermediary liability, intellectual property, and e-commerce through electronic and website agreements. Bringing a unique perspective to explain a complex topic, the author has written numerous books on legal privacy and technology and legal history, lectures and writes extensively on the latest developments in technology law, and has long lived and worked in both of these jurisdictions. This book is the result of those many years of experience and insight.
Author: Stefan Kulk
Publisher: Kluwer Law International B.V.
ISBN: 9403514906
Category : Law
Languages : en
Pages : 526
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Book Description
All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
Author: Thomas J. Shaw
Publisher: Createspace Independent Publishing Platform
ISBN: 9781535378284
Category :
Languages : en
Pages : 436
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Book Description
The worlds of today and tomorrow rely upon open networks connecting far-flung participants exchanging information both personal and commercial. Bringing some certainty to this very dynamic environment are the legal foundations supporting the free flow of information over the Internet. New lawyers, lawyers new to information and Internet law, lawyers updating their knowledge on the latest statutes and cases, and lawyers desiring a global comparative legal perspective are among the audiences who require this single resource to consolidate their understanding of global information and Internet law. This book provides insight by looking at current statutes, regulations, and directives in the United States and Europe, supplemented by statutes in Asia and the Americas ex-U.S. It discusses and identifies issues raised by the latest U.S. and EU cases on protection of information and use of the Internet. It starts with a risk-based, lifecycle approach to this area of law. The areas of information law addressed: privacy, information security, and data protection law, unlawful data disclosures through cybercrime and data breach, and lawful data disclosures related to messaging and surveillance. The areas of Internet law addressed: access, jurisdiction, speech, intermediary liability, intellectual property, e-commerce, and website agreements. Bringing a unique perspective to explain a complex topic, the author has written numerous books on legal technology and legal history, writes and speaks extensively on the latest developments in technology law, teaches U.S.-EU comparative law school courses on information, Internet, and emerging technologies law, and had worked in complementary disciplines across the major parts of the world. This book is the result of those many years of experience and insight.
Author: Tatiana-Eleni Synodinou
Publisher: Springer
ISBN: 3319649558
Category : Law
Languages : en
Pages : 440
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Book Description
This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.
Author: Andrej Savin
Publisher: Edward Elgar Publishing
ISBN: 1789908574
Category : Law
Languages : en
Pages : 424
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Book Description
This extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions.
Author: Andrej Savin
Publisher: Edward Elgar Publishing
ISBN: 1784717975
Category : Law
Languages : en
Pages : 465
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Book Description
This comprehensive book provides a detailed overview of EU internet regulation in all its key areas, as well as giving a critical evaluation of EU policymaking and governance. This thoroughly revised second edition includes latest developments in the case law of the Court of Justice. It also discusses pending proposals in telecommunications, copyright and privacy laws as well as the new directions in internet regulation resulting from the Commission’s 2015 strategy document.
Author: Tatiana-Eleni Synodinou
Publisher: Springer Nature
ISBN: 3030695832
Category : Law
Languages : en
Pages : 646
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Book Description
With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising – and new answers being given – even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.
Author: Inge Graef
Publisher: Kluwer Law International B.V.
ISBN: 9041183256
Category : Law
Languages : en
Pages : 442
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Book Description
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Author: Stefan Kulk
Publisher:
ISBN: 9789403514802
Category :
Languages : en
Pages : 360
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Book Description
Internet Intermediaries and Copyright Law' aims to analyse whether the European Union (EU) legal framework on copyright law and intermediaries is future-proof. All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries ? service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms, potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability.
Author: Michael Rustad
Publisher:
ISBN: 9781647082550
Category : Conflict of laws
Languages : en
Pages :
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Book Description
"The Global Internet Law Hornbook provides students, practitioners, judges, and policymakers with a comprehensive examination of the most important concepts and methods of the Internet and related information technologies. Each chapter is a detailed examination of cases, statutes, industry standards, norms, as well as academic commentaries that compares U.S. to European developments. While the emphasis is on U.S. developments, each chapter compares U.S. to EU regulations, directives, and conventions, as well as other cross-border Internet law developments from diverse legal systems around the world. This timely and up-to-date Hornbook comprehensively examines Internet technologies, Internet governance, private international law (jurisdiction, choice of law, forum selection and enforcement of judgment), online contacts (mass market, cloud computing service level agreements, social media terms of use software licensing, and e-commerce terms of service), global consumer protection in cyberspace (FTC, state and foreign developments), global Internet torts (including CDA Section 230 developments, Internet security, information torts, and negligent enablement), Internet-related privacy (including the EU Data Directive) global cybercrimes (including state, federal and international developments), privacy (including extensive coverage of The General Data Protection Regulation and the Right To Be Forgotten), content regulations (U.S. vs. European Union), copyrights in cyberspace, trademarks and domain names, Internet-related trade secrets and patent law developments. Global Internet law is increasingly important for all lawyers, whether they are policymakers, transactional lawyers, or litigators. This Hornbook is organized around the major issues in each substantive and procedural area of law in the most accessible, contemporary, and effective manner. To help readers come to grips with the necessity of approaching the subject from a transnational perspective, this book surveys the best available U.S. and foreign cases, statutes, and commentaries covering global Internet Law developments."--Publisher.
