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This book explores what the American Civil Liberties Union calls the "third era" in cyberspace, in which filters "fundamentally alter the architectural structure of the Internet, with significant implications for free speech." Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multi-national corporations compete to produce tools and strategies for making it more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works. Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users’ infringing words and actions, potentially circumventing free speech rights. And as social networking and content-sharing sites have proliferated, so have the terms of service and content-detecting tools for detecting, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others. This book will be of interest to students of law, communications, political science, government and policy, business, and economics, as well as anyone interested in free speech and commerce on the internet.
There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.
A primer on legal issues relating to cyberspace, this textbook introduces business, policy and ethical considerations raised by our use of information technology. With a focus on the most significant issues impacting internet users and businesses in the United States of America, the book provides coverage of key topics such as social media, online privacy, artificial intelligence and cybercrime as well as emerging themes such as doxing, ransomware, revenge porn, data-mining, e-sports and fake news. The authors, experienced in journalism, technology and legal practice, provide readers with expert insights into the nuts and bolts of cyber law. Cyber Law and Ethics: Regulation of the Connected World provides a practical presentation of legal principles, and is essential reading for non-specialist students dealing with the intersection of the internet and the law.
This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.
Discusses the First Amendment and censorship on the Internet
Huber (Manhattan Institute for Policy Research) recounts the history of telecommunications and its regulation over the last century, arguing that the FCC should have been abolished years ago because it has protected monopolies, over priced services, curtailed free speech, and undermined privacy. He proposes that sensible telecommunications policies evolve through common law and not through government imposition of inflexible regulatory mandates. For general readers. Annotation copyrighted by Book News, Inc., Portland, OR
Cyberspace Law: Commentaries and Materials provides a comprehensive and detailed study of this fast moving field of law. It has been fully updates to reflect recent changes in legislation and includes new chapters on Internet Taxation, Univited Material and Massively Multiplayer OnlineRole-Playing Games (MMORPGS).
Resource added for the Network Specialist (IT) program 101502.
Cybercases & the Internet add new dimensions to the law of trademarks, copyrights, trade secrets, & patents. In this timely resource, the authors analyze these areas of I.P. law & how each interacts with information in the unique situations of cyberspace. You get unmatched guidance on examining & handling cases that involve questions about protecting & enforcing I.P rights as they relate to the Internet, including: * administrative dispute resolution policies proposed & implemented by domain name registrars--& how to protect registrations from challenges * application of trademark law to Internet issues such as metatags, hyperlinking, framing, & spamming * infringement, defenses, & criminal penalties as applied to Internet technologies such as digital watermarks & World Wide Web text, graphics, & sound files * what Internet Service Providers (ISPs) need to understand about the Online Copyright Infringement Liability Limitation Act * how WWW sites, bulletin board postings, & Internet e-mail are posing fundamental challenges to various trade secret doctrines * recent enforcement actions of Internet technology & software patents * plus details on the domain name system, how to register domain names, & more. Use this resource to stay on the edge of Internet I.P. law; examine the cases that are setting precedents; & prepare, argue, & win your cases in this expanding area.