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This authoritative work describes the nature and growth of the law of the Internet and explains the legal obligations, opportunities, rights, and risks inherent in this complex medium.
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.
This book discusses the international legal issues underlying Internet Governance and proposes an international solution to its problems. The book encompasses a wide spectrum of current debate surrounding the governance of the internet and focuses on the areas and issues which urgently require attention from the international community in order to sustain the proper functioning of the global network that forms the foundation of our information fuelled society. Among the topics discussed are international copyright protection, state responsibility for cyber-attacks (cyberterrorism), and international on-line privacy protection. Taking a comparative approach by examining how different jurisdictions such as the United States, the European Union, China and Singapore have attempted various solutions to the problem of Internet Governance, the author offers a practical solution to the problem and is a proponent of International Internet Law. Kulesza suggests that just as in the case of International Environmental Law, an Internet Framework Convention could shape the starting point for international cooperation and lead to a clear, contractual division of state jurisdictional competences. International Internet Law is of particular interest to legal scholars engaged with the current challenges in international law and international relations, as well as students of law, international relations and political science. The issues discussed in the book are also relevant to journalists and other media professionals, facing the challenges of analyzing current international developments in cyberspace.
The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.
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.
The 10th edition of Issues In Internet Law: Society, Technology, and the Law has been updated for 2016 with the latest cases and trends in Internet Law. The new edition has an expanded glossary, and statute and case indexes, and a new chapter devoted to the NSA's spying on Internet users. Topics include: Privacy: Invasion of Privacy, Public Records, Workplace Privacy, Employer & ISP Monitoring, Data Collection, Data Retention, Data Breaches, the Right to be Forgotten; E-Mail & Chat Room Privacy, Web Site Privacy Policies, Behavioral Marketing, Flash Cookies, Device Fingerprinting, Privacy & Children, Metadata, Border Searches, FISA & the USA PATRIOT Act, the NSA, FISA Court, PRISM, XKeyscore; Free Speech Defamation, SLAPPs, Gripe Sites, Revenge Porn Sites, Mugshot Sites, Blogs & Vlogs, Obscenity & Pornography, Harassment & Hate Speech, Prior Restraint, Repression, Student Speech, CDA, Anonymous Speech, Commercial Speech, Expressive Conduct; Social Media: Misuse, Ownership, Coerced Access, the Courts; Cybercrimes: Spam, Phishing, Identity Theft, Spyware & Malware, Cyberstalking, Cyberbullying, Computer Trespass, Wardriving, Virtual Crime; Intellectual Property: Copyright, Trademark, Patent, Trade Secrets, Creative Commons, Linking, Framing, File-Sharing, Fair Use, Public Domain, Work-Made-For-Hire, DMCA, VARA, Domain Name Disputes, Keyword Advertising, America Invents Act; Business & the Internet: Internet Taxation, Internet Interstate Commerce, Web Contracts, e-Discovery, Corporate Securities, Crowdfunding, Reg A, Reg D; Also: Cloud Computing; Digital Currency; Right of Publicity; Web Accessibility; Net Neutrality; Online Reputation Management; Social Media Monitoring; Podcasts; Geofiltering; Digital Journalism; Hyper Local Web Sites, Digital Estate Planning; Sexting; E-Books and many more subjects. Concisely written and covering a broad range of topics, this is the most current book of its kind! Reviews: * "Concise overview of Internet-related legal issues." (Law Library Journal) * "Although it deals with the complex legal issues surrounding the Internet, it is written in layman's terms and illustrated with 'ripped from the headlines' court cases." (Amazon) * "The concepts and issues are presented in a way that is sufficiently rigorous but very easy to read, making the book one I can recommend." (Computing Reviews) * "A valuable resource, well-researched and well presented." * "I want a copy on my bookshelf always within arm's reach." * "The anecdotal nature made it easy to understand the underlying legal concepts." * "It is imperative that schools adopt this book in a way which would help young students gain knowledge about the various issues involving the Internet." (Indian Journal of Intellectual Property Law) * "Issues in Internet Law: Society, Technology, and the Law will be a welcome addition in both academic and public law libraries... It should be acquired by libraries for its concise overview of Internet-related legal issues." (Law Library Journal)
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.
Advance praise for The GigaLaw Guide to Internet Law “I read this book from cover to cover. The examples of case law are of enormous illustrative value. Some of them will raise your blood pressure (well, mine went up several notches, anyway). Well worth the time to read!” —Vint Cerf, chairman, Internet Corporation for Assigned Names and Numbers (ICANN) “Doug Isenberg pulls off the toughest hat trick in legal writing—he and his contributing authors map out the legal landscape of cyberspace in language accessible and friendly to lay readers, providing a comprehensive guide for lawyers who want to gain a quick grasp of cyberlaw, and they do all this with scholarly care for accuracy and precision.” —Mike Godwin, author of Cyber Rights: Defending Free Speech in the Digital Age “A treasure trove of information that is a relief to find, a pleasure to read, and a snap to apply to dozens of your most pressing Internet legal questions.” —Carol Darr, director of the Institute for Politics, Democracy and the Internet “Doug Isenberg is the authority on all issues regarding Internet law. His insight is exceptional, his experience unsurpassed. This book is both a reference work and a bible, enlightening and showing the way—a quintessential, all-encompassing work for both the novice and the veteran.” —Marc Adler, chairman and CEO, Macquarium Intelligent Communications Doug Isenberg is an attorney and the founder of GigaLaw.com, an award-winning website about Internet law. He writes regularly as a columnist for The Wall Street Journal Online and CNET News.com and has represented numerous high-tech and Internet clients. For more information about The GigaLaw Guide to Internet Law, visit: http://GigaLaw.com/guide