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Internet Jurisdiction Law and Practice by Julia Hörnle Pdf
Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Regulating Code by Ian Brown,Christopher T. Marsden Pdf
The case for a smarter “prosumer law” approach to Internet regulation that would better protect online innovation, public safety, and fundamental democratic rights. Internet use has become ubiquitous in the past two decades, but governments, legislators, and their regulatory agencies have struggled to keep up with the rapidly changing Internet technologies and uses. In this groundbreaking collaboration, regulatory lawyer Christopher Marsden and computer scientist Ian Brown analyze the regulatory shaping of “code”—the technological environment of the Internet—to achieve more economically efficient and socially just regulation. They examine five “hard cases” that illustrate the regulatory crisis: privacy and data protection; copyright and creativity incentives; censorship; social networks and user-generated content; and net neutrality. The authors describe the increasing “multistakeholderization” of Internet governance, in which user groups argue for representation in the closed business-government dialogue, seeking to bring in both rights-based and technologically expert perspectives. Brown and Marsden draw out lessons for better future regulation from the regulatory and interoperability failures illustrated by the five cases. They conclude that governments, users, and better functioning markets need a smarter “prosumer law” approach. Prosumer law would be designed to enhance the competitive production of public goods, including innovation, public safety, and fundamental democratic rights.
Networks, Complexity and Internet Regulation by Andrés Guadamuz Pdf
Complexity theory as a subject has gained increasing prominence across numerous disciplines including physics, biology, sociology and economics. Large interconnected systems such as the Internet display a number of inherent architectural characteristics deeming them well-suited to the study of complex dynamic networks. This important book uses various network science-based tools to explore the contentious issue of Internet regulation. The author demonstrates that the Internet as a global communications space is a self-organizing entity that has proven problematic for regulators, and that in order to regulate cyberspace, one must first understand how the network operates. In order to illustrate how the world wide web operates, Andres Guadamuz presents case studies in copyright policy, peer-production and cyber crime, providing in-depth analyses of the challenges posed by the Internet's complex dynamic networks. The book concludes that regulatory efforts that ignore empirical evidence will ultimately encounter serious problems. Networks, Complexity and Internet Regulation introduces network theory to legal audiences and applies some of the characteristics of large distributed self-organizing networks to the topic of Internet regulation. As such, this fascinating book will prove invaluable to researchers, academics and students in the fields of Internet regulation and policy, intellectual property law and information technology law. Contents: Introduction 1. The Science of Complex Networks 2. Complexity and the Law 3. Internet Architecture and Regulation 4. Copyright Networks 5. Peer-production Networks 6. Cybercrime and Networks Conclusion Bibliography Index
Provides an expansive view of Internet regulation, including the deployment of technology, the use of market forces, the formulation of industry self-regulation as well as legislation. Takes evidence from real-life cases and uses them to explain regulatory approaches and paradigms.
Since its popularization in the mid 1990s, the Internet has impacted nearly every aspect of our cultural and personal lives. Over the course of two decades, the Internet remained an unregulated medium whose characteristic openness allowed numerous applications, services, and websites to flourish. By 2005, Internet Service Providers began to explore alternative methods of network management that would permit them to discriminate the quality and speed of access to online content as they saw fit. In response, the Federal Communications Commission sought to enshrine "net neutrality" in regulatory policy as a means of preserving the Internet's open, nondiscriminatory characteristics. Although the FCC established a net neutrality policy in 2010, debate continues as to who ultimately should have authority to shape and maintain the Internet's structure. Regulating the Web brings together a diverse collection of scholars who examine the net neutrality policy and surrounding debates from a variety of perspectives. In doing so, the book contributes to the ongoing discourse about net neutrality in the hopes that we may continue to work toward preserving a truly open Internet structure in the United States.
Regulating Content on Social Media by Corinne Tan Pdf
How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University
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.
Self-regulation and the Internet by Monroe Edwin Price,Stefaan G. Verhulst,Stefaan Verhulst Pdf
Every day, societal demand grows for some form of control or supervision over something that appears inherently beyond governance: the Internet. The gulf between community aspiration and the perceived limits on government capacity forces each entity, industry, and regulator to conduct a thorough and painstaking search for an appropriate solution. The resolution to this dilemma requires the innovation of regulatory design for the Internet. Without flexibility and responsiveness, traditional law and regulation cannot adequately address the transnational, intangible, and ever changing Internet space. Attempts at Internet regulation generally have moved away from direct legal control and toward more flexible variations of what can be termed ?self-regulation.? This ground-breaking book by two leading authorities in this new field of law concerns the mushrooming growth of institutions and systems of self-regulation on the Internet. Internet self-regulation involves many issues, including e-commerce, technical protocols, and domain names management, but most public concern and debate has been over illegal and harmful content on the Internet. Self-Regulation and the Internet examines how self-regulatory entities for content relate to other quasi-legal and state institutions, what powers are accorded to or seized by self-regulatory institutions, and how the use of self-regulation can contribute to the more effective and more efficient realization of both economic and societal goals. This book offers: a general and theoretical examination of self-regulation, focusing on codes of conduct; approaches to the methodology and process for adopting such codes; descriptions and evaluations of technical devices as self-regulatory tools; and an analysis of Internet self-regulation in a converged and digital environment. The analysis encompasses a wide spectrum, from technical matters of filters and transmission streams to such important legal issues as the possible meanings of such terms as ?illegal and harmful.? Crucial topics include ISP service agreements, anti-spam measures, regulation of hate speech, digital television, defining a common language for metainformation, and a great deal more. The geographic scope is global, with numerous detailed references to developments in Europe, North America, Asia, and Australia. The breadth and depth of this analysis, and the vast quantity of information that underpins it, give this book an authoritative preeminence not to be found elsewhere. In the coming years, as the material it examines continues to grow and change in ever more dramatic ways, it will be turned to again and again for its invaluable insights and recommendations.
Internet Censorship and Regulation Systems in Democracies: Emerging Research and Opportunities by Koumartzis, Nikolaos,Veglis, Andreas Pdf
As the internet has been regulated from its conception, many widespread beliefs regarding internet freedom are actually misconceptions. Additionally, there are already two main categories of internet regulation systems in use: the open and the silent IRSs. Unexpectedly, the former are quite popular among authoritarian regimes, while the latter are implemented mainly in Western democracies. Many IT experts and media analysts criticize Western governments’ choice to use a silent IRS, expressing their fear that this could set a dangerous precedent for the rest of the democratic countries around the world. New regulation systems must be developed and implemented that are more acceptable to the general public. Internet Censorship and Regulation Systems in Democracies: Emerging Research and Opportunities is an essential reference source that discusses the phenomenon of internet regulation in general and the use of internet regulation systems (IRSs) by authoritarian regimes and Western democracies and proposes a blueprint for the development and implementation of a fair internet regulation system (FIRS). using original research conducted in seven countries from 2008 to 2017. The book also considers the function of a fair internet regulation system in terms of maximizing its effectiveness, keeping the implementation cost low, and increasing the probability of acceptance by each country’s general public. Featuring research on topics such as governmental control, online filtering, and public opinion, this book is ideally designed for researchers, policymakers, government officials, practitioners, academicians, and students seeking coverage on modern internet censorship policies within various international democracies.
Internet Law and Regulation by Graham J. H. Smith Pdf
This book provides a clear and authoritative explanation of the law governing the internet, both in the UK and globally. It identifies legal questions likely to arise, explains how to deal with them, and addresses key areas of contention.
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, first published in 2000, 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 oppressive control. Under the influence of commerce, cyberspace is becoming a highly regulable space, where 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. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author's wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.
Internet Co-Regulation by Christopher T. Marsden Pdf
Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.
The Regulation of Internet Pornography by Abhilash Nair Pdf
The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.
This book examines current concerns about the Internet and the tools available to address these concerns. Digital crimes such as computer break-in, software piracy, espionage, and child pornography are discussed, as are civil rights issues such as privacy and censorship. Security software and blocking or filtering systems are among the many tools examined.
