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Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space.
The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known
This book proposes a regulatory system for ensuring that AI makes fair decisions. No one wants to be the subject of an unfair decision made by an AI, and fairness is so important to society that we are likely to want to regulate to demand it. But how? This book attempts to answer that question. The aim of regulation must be for an AI's decisions to match the human conception of fairness. To understand what that is, the book proposes a holistic understanding of fairness, which tells us what regulation must try to achieve. However, regulation is not an abstract activity – it regulates how humans behave, and the humans in question are those who develop and use AI for decision-making. Thus the book investigates how those humans are attempting to achieve AI fairness. It finds that there is a serious mismatch between how technologists conceptualise fairness, compared to other humans. How can AI regulation bridge this gap? Traditional models of regulation cannot solve this problem. Fairness is too nuanced, too contextual, and is ultimately a human emotional response. Instead the book proposes to place the responsibility on the AI community to explain and justify their efforts to achieve fairness, basing regulatory and legal responses on how well that explanation deals with the risks that particular AI presents, and whether the AI operates in accordance with the explanation in use. The book concludes by examining how far this regulatory model might be useful for some of the other social problems which AI generates. An original and significant contribution to the literature on AI regulation, this book is a must-read for those working in the areas of law, regulation, and technology.
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 edition has been reorganized to clarify the themes of the book and updated to illuminate new debates at the heart of this evolving field. It groups the material into units addressing the who, how, and what of governance/regulation--fundamental questions that pertain to any legal system, in cyberspace or elsewhere. It includes unit-ending case studies on governance of the domain name system, efforts to control the exchange of counterfeit goods in the online marketplace, and the Google Books Settlement, as well as updated treatment of a number of topics, including peer-to-peer file sharing, online behavioral advertising, and more."--Publisher's website.
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.
This volume unites cyber and mainstream regulatory theory. Using the scientific techniques of chaos and synchronicity it explains how regulatory design functions, and offers a model for the design of effective regulation.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Fifth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law and is the only one that presents the study of cyberspace law as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age. The organization of the casebook also allows instructors to adapt the materials to their approaches. Through real world problems students are encouraged to approach the materials as attorneys responding to needs of clients and makers of policy, rather than as passive readers of judicial opinions. The Fifth Edition reflects all major changes in the subject including extensive additions of U.S. Supreme Court decisions discussing personal jurisdiction, freedom of speech, intellectual property, and privacy, and lower court decisions addressing Google Books and Net Neutrality. New to the Fifth Edition: South Dakota v. Wayfair, in which the Supreme Court held that local taxation of online businesses did not unduly burden interstate commerce. A new section devoted to Free Speech and the right to access online platforms: Packingham v. North Carolina, in which the U.S. Supreme Court held that the First Amendment guarantees the freedom of individuals to access websites and social media applications. Knight First Amendment Institute v. Trump, holding that President Trump’s engaged in unconstitutional viewpoint discrimination when he blocked certain users. The First Amendment relationship among media providers, subscribers, and the public from newspapers and the Right of Reply to Internet service providers and Net Neutrality. A new copyright section devoted to fair use. A new and reorganized Privacy chapter including: The Fourth Amendment protection of: geolocation data metadata A deep dive into Facebook in which the social media platform is used as a case study of data privacy regulations A new section on the European Union’s Genera Data Protection Regulation (GDPR) New cases discussing privacy torts and revenge porn New materials on the Computer Fraud and Abuse Act including: U.S. v. Nosal HiQ Labs, Inc. v. LinkedIn Corp. Pulte Homes, Inc. v. Laborer’s Int’l Union of North America A reorganized and updated chapter on Private Ordering including: Starke v. SquareTrade Materials on the European Union’s antitrust investigation and orders into Google and Amazon Professors and students will benefit from: Practical “real world” problems Flexible, logical organization that allows instructors to emphasize selected perspectives Presentation of current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge
Argues that the internet revolution should exert a far more significant influence on economic thinking and on the perception of law.