Digital, IT and Communications law Books

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Book SynopsisAn illuminating vision of the next information revolution, centered on fiber optic infrastructureTrade Review“A timely and urgent look at how America is sacrificing its digital future, productivity, connectivity, social mobility, entrepreneurial growth, education, and every other public good, thanks to rapacious telcos, scumbag lobbyists, and negligent, cash-hungry politicians. . . . You should be reading this.”—Cory Doctorow, Boing Boing“I thoroughly enjoyed this volume from start to finish and recommend it as an excellent addition to any bookshelf.” —Courteney J. O’Connor, LSE Review of Books “If we can just finish the last mile for fiber to reach into households, Susan Crawford shows, we can unleash a revolution of economic growth, education, and health, and address inequality in a whole new way. Crawford shifts effortlessly from the heights of policy to the literal ground level and shows us the way.”—Anthony Marx, President, New York Public Library "By vividly describing a world filled with fiber-enabled technology as well as the perils and possibilities for achieving it, Susan Crawford has written a playbook for a fairer and more prosperous United States."—Andy Berke, Mayor, Chattanooga, Tennessee“Engaging and accessible … An indictment of national regulatory politics and crony capitalism and a love story about the plucky local governments overcoming the odds to bring their own communities into the twenty-first century. A microcosm of what ails America—and what nonetheless can give us hope.”—Yochai Benkler, Harvard Law School

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Book SynopsisJonathan Lusthaus lifts the veil on cybercriminals in the most extensive account yet of the lives they lead and the vast international industry they have created. Having traveled to hotspots around the world to meet with hundreds of law enforcement agents, security gurus, hackers, and criminals, he charts how this industry based on anonymity works.Trade ReviewIndustry of Anonymity is an accessible and important work on the organization of cybercrime. No other study provides the depth, breadth, and rigor on this difficult-to-reach community. -- David Skarbek, Brown UniversityWith convincing and compelling arguments, impressive empirical work, balanced explanations, and effective writing, Industry of Anonymity is a remarkable contribution to the literature on cybercrime. Criminology and sociology audiences have been waiting for this kind of book. -- Benoît Dupont, University of MontrealIndustry of Anonymity is without doubt the best exploration of the evolution of cybercrime today. Even as someone who has worked in this field for over a decade, I found new insights in every chapter. An absolute must read for any cybercrime investigator. -- Robert McArdle, Trend Micro Forward-Looking Threat Research TeamBased on more than two hundred interviews and numerous field trips to the world's cybercrime hotspots, this is a masterful account of how cybercrime has matured into a large, profit-driven industry. Offering a wealth of data on the informal arrangements that underpin cooperation among anonymous criminals, Lusthaus puts a face to people who normally hide in the shadows. Industry of Anonymity will be the standard reference for years to come. -- Federico Varese, author of Mafia LifeA timely contribution to a classic sociological problem: the one of social order, expressed in the chance of trusted relationships, cooperation, and governance…A substantial contribution to this conversation in a field that is anything but easy to investigate. -- Matías Dewey * American Journal of Sociology *

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Book SynopsisLooks at the phenomenon of perfect remembering in the digital age, and reveals why we must reintroduce our capacity to forget. This title traces the important role that forgetting has played throughout human history, from the ability to make sound decisions unencumbered by the past to the possibility of second chances.Trade ReviewWinner of the 2010 Marshall McLuhan Award for Outstanding Book in Media ecology, Media Ecology Association Winner of the 2010 Don K. Price Award, Science, Technology, and Environmental Politics Section of the American Political Science Association "Mayer-Schonberger deserves to be applauded and Delete deserves to be read for making us aware of the timelessness of what we created and for getting us to consider what endless accumulation might portend."--Paul Duguid, Times Literary Supplement "In Delete, Viktor Mayer-Schonberger argues that we should be less troubled by the fleetingness of our digital records than by the way they can linger."--Adam Keiper, Wall Street Journal "Mayer-Schonberger raises questions about the power of technology and how it affects our interpretation of time... He draws on a rich body of contemporary psychological theory to argue that both individuals and societies are obliged to rewrite or eliminate elements of the past that would render action in the present impossible."--Fred Turner, Nature "There is no better source for fostering an informed debate on this issue."--Science "A fascinating book."--Clive Thompson, WIRED Magazine "As its title suggests, Delete is about forgetting, more specifically about the demise of forgetting and the resulting perils... [Mayer-Schonberger] comes up with an interesting solution: expiration dates in electronic files. This would stop the files from existing forever and flooding us and the next generations with gigantic piles of mostly useless or even potentially harmful details. This proposal should not be forgotten as we navigate between the urge to record and immortalise our lives and the need to stay productive and sane."--Yadin Dudai, New Scientist "Delete is a useful recap of the various methods that are--or could be--applied to dealing with the consequences of information abundance. It also adds a thought-provoking new twist to the literature."--Richard Waters, Financial Times "Unlike so many books about the internet, which like to hit the panic button then run, Mayer-Schonberger stays around to offer a solution... Mayer-Schonberger deserves to be applauded and Delete deserves to be read for making us aware of the timelessness of what we create and for getting us to consider what endless accumulation might portend."--Paul Duguid, Times Higher Education "This book ... is laid out like an invitation to such a sparring session. There you find the detailed arguments, spread out one by one. Get ready to highlight where you agree, note contradictions and arguments not carried through to their consequential end, and make annotations where you feel a new punch. The session will be worth the effort."--Herbert Burkert, Cyberlaw "A lively, accessible argument ... that all that stored and shared data is a serious threat to life as we know it."--Jim Willse, Newark Star Ledger "A fascinating work of social and technological criticism... The book explores the ways various technologies has altered the human relationship with memory, shifting us from a society where the default was to forget (and consequently forgive) to one where it is impossible to avoid the ramifications of a permanent record."--Philip Martin, Arkansas Democrat Gazette "Mayer-Schonberger convincingly claims that our new status quo, the impossibility of forgetting, is severely misaligned to how the human brain works, and to how individuals and societies function... Can anything be done? Delete is an accessible, thoughtful and alarming attempt to start debate."--Karlin Lillington, Irish Times "To argue for more forgetting is counter-intuitive to those who value information, history and transparency, but the writer pursues it systematically and thoroughly."--Richard Thwaites, Canberra Times "Surprising and fascinating... Delete opens a highly useful debate."--Robert Fulford, National Post "Delete offers many scary examples of how the control of personal information stored in e-memory can fall into the wrong hands... Lucid, eminently readable."--Winifred Gallagher, Globe and Mail "Delete is one of a number of smart recent books that gently and eruditely warn us of the rising costs and risks of mindlessly diving into new digital environments--without, however, raising apocalyptic fears of the entire project... [Mayer-Schonberger] is a digital enthusiast with a realistic sense of how we might go very wrong by embracing powerful tools before we understand them."--Siva Vaidhyanathan, Chronicle of Higher Education "In this brief book, Mayer-Schonberger focuses on a unique feature of the digital age: contemporaries have lost the capacity to forget. Many books on privacy frequently mention, but never address in detail, the implications of an almost perfect memory system that digital technology and global networks have brought about... An interesting book, well within the reach of the intelligent reader."--Choice "Clearly the conversation has begun, and Delete is well placed to contribute."--Matthew L. Smith, Identity in the Information SocietyTable of ContentsAcknowledgments ix Chapter I: Failing to Forget the "Drunken Pirate" 1 Chapter II: The Role of Remembering and the Importance of Forgetting 16 Chapter III: The Demise of Forgetting--and Its Drivers 50 Chapter IV: Of Power and Time--Consequences of the Demise of Forgetting 92 Chapter V: Potential Responses 128 Chapter VI: Reintroducing Forgetting 169 Chapter VII: Conclusions 196 Afterword to the Paperback Edition 201 Notes 211 Bibliography 231 Index 245

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Book SynopsisMedia Divides offers the first comprehensive, up-to-date account of the democratic deficits in Canada’s communications law and policy.Table of ContentsPrefacePart 1: Communication Rights and the Right to Communicate – The State of the ArtIntroduction / Marc Raboy and Jeremy Shtern1 Histories, Contexts, and Controversies / Marc Raboy and Jeremy Shtern2 Implementing Communication Rights / Seán Ó SiochrúPart 2: Communication Rights in Canada – An Assessment3 The Horizontal View / Marc Raboy and Jeremy Shtern4 Media / Marc Raboy5 Access / Leslie Regan Shade6 Internet / William J. McIver Jr.7 Privacy / Leslie Regan Shade8 Copyright / Laura J. MurrayPart 3: Policy Recommendations and Alternative Frameworks9 Fixing Communication Rights in Canada / Marc Raboy and Jeremy Shtern10 Toward a Canadian Right to Communicate / Marc Raboy and Jeremy ShternAppendicesNotesWorks CitedIndex

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Book SynopsisCybercrime is a worldwide problem of rapidly increasing magnitude and, of the countries in the Asia Pacific region, Taiwan and China are suffering most. To prevent the spread of cybercrime, the book argues the case for a `wiki’ approach to cybercrime and a feasible pre-warning system.Trade ReviewProfessor Chang's very thoughtful and impressively researched study of cybercrime in the greater China region is an invaluable contribution to the information and analyses available in this area. It not only provides important, and heretofore unavailable data, about the incidence and nature of cybercrime in this region, it also offers insightful suggestions into how this problem can most effectively be controlled. It belongs in the library of anyone interested in this area.'- Susan Brenner, University of Dayton, US'East Asia is a heartland of the variegated scams of the cybercrime problem. Yao Chung Chang's book is an innovative application of routine activity theory and regulatory theory to cybercrime prevention across the cybergulf between China and Taiwan. The long march through the scams and across the Taiwan Strait is fascinating. Chang leads us to ponder a wiki cybercrime prevention strategy that might work in such treacherous waters.'- John Braithwaite, Australian National UniversityTable of ContentsContents: Foreword Preface Part I: Setting the Scene 1. Introduction 2. Risk, Routine Activity and Cybercrime Part II: New Crime in a New Field: Cybercrime in Taiwan and China 3. Cybercrime Across the Taiwan Strait Part III: Regulatory Responses Against Cybercrime Across the Taiwan Strait 4. Think Global, Act Glocal — ‘Glocal’ Responses to Cybercrime 5. Cooperation between Taiwan and China Part IV: Preventable Measures: Cybercrime as the Infectious Disease in the Virtual World 6. ‘Wiki’ Crime Prevention — Establishing a Pre-Warning System 7. Conclusion References Index

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Book SynopsisTable of ContentsContents: 1 Introduction to Financial Services Law and Distributed Ledger Technology PART I THE NATURE AND USE OF DISTRIBUTED LEDGER TECHNOLOGY IN FINANCIAL SERVICES 2 Blockchain and distributed ledger technology 3 Digital assets and the token economy 4 The application of DLT in financial services: Benefits and use cases 5 Risks and the regulatory issues arising from the use of DLT PART II THE FINANCIAL SERVICES REGULATORY FRAMEWORK 6 Financial services regulation Part 1: The proprietary status of cryptoassets 7 Financial services regulation Part 2: The regulated activities 8 Financial services regulation Part 3: Other applicable provisions PART III REGULATING SPECIFIC USE CASES 9 Regulating trade in securities tokens 10 Cryptoassets in payments and payment services 11 Crypto lending platforms 12 Decentralised insurance PART IV JURISDICTION AND REMEDIES 13 Jurisdiction and applicable law 14 Dispute resolution and remedies 15 Conclusion: Regulating distributed ledger technology through financial services law

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Book SynopsisTrade Review‘This book thoughtfully unpacks the complex web of multistakeholder cyber diplomacy even as its parameters, participants, and paradoxes continue to evolve.’ -- Elina Noor, Carnegie Endowment for International Peace, Washington DC, US‘Essential reading for states and stakeholders engaged with the geopolitics of cyberspace, this expertly edited volume offers readers a descriptive catalog for how multistakeholder cyber diplomacy has interacted with—and travelled alongside—rising multilateral mechanisms for global governance of cybersecurity while identifying various next steps for making multistakeholderism more effective in securing cyberspace’s future.’ -- Duncan B. Hollis, Temple University School of Law, USTable of ContentsContents List of contributors vii PART I INTRODUCTION 1 Building cybersecurity through multistakeholder diplomacy: Politics, processes, and prospects 2 Ian Johnstone, Arun Sukumar and Joel Trachtman PART II THEMATIC ISSUES 2 The geopolitics of multistakeholder cyber diplomacy: A comparative analysis 20 Arun Sukumar 3 Multistakeholder characteristics of past and ongoing cybersecurity norms processes 59 Josephine Wolff 4 Developing multistakeholder structures for cybersecurity norms: Learning from experience 85 Joel Trachtman 5 Implementing cybersecurity norms: The design of international institutions 111 Ian Johnstone PART III COUNTRY PERSPECTIVES 6 U.S. multistakeholder engagement in cyber stability issues 143 Christopher Painter 7 Russia’s participation in multistakeholder diplomacy for cybersecurity norms 165 Andrey Shcherbovich 8 Rethinking Chinese multistakeholder governance of cybersecurity 185 Jinhe Liu 9 India’s “passive” multistakeholder cyber diplomacy 201 Arindrajit Basu 10 Brazil and multistakeholder diplomacy for the Internet: Past achievements, current challenges and the road ahead 220 Carlos Affonso de Souza and Christian Perrone 11 Taking stock of Estonia’s multistakeholder cyber diplomacy 238 Marina Kaljurand PART IV CONCLUSION 12 The way ahead for multistakeholder cyber diplomacy 257 Ian Johnstone, Arun Sukumar and Joel Trachtman Index 266

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Book SynopsisTrade Review'A real masterpiece, brilliantly pressing for a change that is necessary and feasible.' -- Lawrence Lessig, Harvard Law School, US‘As our world becomes increasing digital, both law and code become central to management of rights and access to justice. The two modes of management are often seen as being in conflict, but increasingly far-sighted scholars like Prof. Schrepel are seeing that there are opportunities for synergy. This book is a clear step forward in building a system of digital law that works, and a must-read for those concerned about our digital future.’ -- ­– Alex ‘Sandy’ Pentland, Massachusetts Institute of Technology, US‘From Code of Hammurabi (1754 BC) to the Internet of Things and Artificial Intelligence this book links a deep understanding of law and technology, Blockchain and Antitrust. It offers a highly appreciated contribution to the Blockchain debate and practical use cases, which are very much needed in often theoretical discussions.’ -- Theodor Thanner, President of the Austrian Federal Competition Authority, Austria‘Grounded in Schrepel's solid understanding of the law and technology debate, this book offers a unique framework and important guide for thinking through the many ways in which Antitrust law and Blockchain technologies can be complementary and create efficiencies from collaboration.’ -- Roland Vogl, CodeX - The Stanford Center for Legal Informatics, US‘Packed with stimulating suggestions and insights, this is the first book exploring the role of competition law in regulating blockchain. Thibault Schrepel skillfully blends an accessible examination of the technology at play with a discussion about how competition law should be applied to both control and support its development.’ -- Giorgio Monti, Tilburg University, the Netherlands‘Traditional financial payment systems run by banks or by tech companies such as PayPal have natural network effects, and are held to be open to some degree of monopoly. Blockchain systems, because they are highly distributed and transparent, are often said to be free of such tendencies. Thibault Schrepel argues this isn’t true: blockchains may foster anticompetitive practices in many ways. As our economic world moves increasingly into cryptocurrencies and blockchain transactions, Schrepel’s analysis and suggested remedies are both timely and important.’ -- W. Brian Arthur, Santa Fe Institute, US‘Data and Antitrust have become a hot button issue. However, as of yet there is little legal scholarly writing on the topic of how blockchain with its promise of data integrity will change this debate. This book tries to do precisely that, and is an incredibly useful read for any legal scholar interested in the digital space.’ -- Catherine Tucker, Massachusetts Institute of Technology, US‘Thibault Schrepel’s Blockchain + Antitrust: the Decentralization Formula, is an eminently readable and satisfying examination of the history, technology, and incipient law of Blockchain – from its historical roots in a libertarian search for order, to its complex and often misunderstood internal workings, and finally to the abundant legal concerns that might loom in the future. This book is particularly helpful for someone who needs to be guided through Blockchain’s most important technical and operational elements.’ -- Herbert Hovenkamp, University of Pennsylvania Law School and the Wharton School, US‘By reducing transaction costs and facilitating trust among parties to transactions, blockchains reduce the need for centralized legal structures in economic activity. They also make transactions less transparent to regulators and can be used to harbor anticompetitive practices. Hence they contribute to deconcentrating economic structures and, simultaneously, raise challenges for competition law enforcement. However, competition authorities can also benefit from the blockchain technology in their enforcement activity. Thibault Schrepel in this path-breaking book explores the evolving complex relationship between blockchain and antitrust and the ways they can benefit from one another. This forward-looking and fascinating analysis is a must read for anyone interested in one of the most important technological development of our time.’ -- Frederic Jenny, OECD Competition Committee, France‘More than any other field of business law, antitrust has much in common with emerging blockchain technologies. Dr. Schrepel has been at the forefront of research in the relationship between these two fields. His hopeful approach, as discussed in this book, towards a mutually beneficial relationship between antitrust law amd blockchain technology will help ensure maximal realization of the efficiency-enhancing promise of blockchain – namely, lowering the costs of networking and increasing transparency. Moreover, this book does an excellent job of discussing both the procompetitive (favored by the antitrust laws) attributes of blockchain and its ability to facilitate anticompetitive harm (outlawed by the antitrust laws), and showing how the law and the emerging technology can live in harmony to the benefit of consumers. I was proud, as head of the DOJ Antitrust Division, to have the Division join Dr. Schrepel’s academic project on this topic and look forward to his continued contributions to this important emerging field.’ -- Makan Delrahim, Department of Justice Antitrust Division, US‘This book is the first of its kind. Schrepel’s work will no doubt appeal to antitrusters looking for a didactic introduction to the blockchain. It will also be of more general interest to any reader with a concern for the future of law and public policy in a technology-driven world. A must-read.’ -- Nicolas Petit, European University Institute, Italy‘Blockchain technology has been offered as a solution to any number of problems, and sometimes – to its detriment – as a panacea. Here, Schrepel follows the thread of decentralization to explore this technology alongside the goals of antitrust law. It's a worthy provocation, even as blockchains’ value, and future, are hotly contested.’ -- Jonathan Zittrain, Harvard University, USTable of ContentsContents: Preface Introduction: the decentralization PART 1 A COMMON AMBITION 1. Blockchain: from ideology to implementation 2. Blockchain’s toolbox 3. Blockchain and Darwin 4. Decentralization? 5. Comes antitrust: the paradox PART 2 BEST FRENEMIES? 6. The theory of the firm 7. The theory of granularity 8. Collusion on blockchain 9. Collusion using blockchain 10. Blockchain power 11. Blockchain and monopolization 12. Blockchain and merger control PART 3 ALLIES 13. Law + technology 14. Running the formula 15. Blockchain’s future Index

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Book SynopsisTrade Review‘Peter Pijpers has dug deep into the question of influence operations in cyberspace, which are politically abhorred but often do not break any major laws – neither domestically nor internationally. Zooming in on international law Pijpers warns about a lack of legal clarity that creates a legal grey zone that malign States eagerly exploit. His solution to this problem is a well-argued plea to reconceptualise coercion in cyberspace and draw a line in the sand.’ -- Dennis Broeders, Leiden University, the Netherlands‘Professor Pijpers combines a unique combination of a legal and a strategic framework to assess the legality and the modus operandi of digital influence operations directed against political systems. The legal framework involves non-intervention and sovereignty. The strategic framework offers valuable insight into the use of state power to persuade, coerce or manipulate foreign audiences.’ -- Paul Ducheine, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface 1. Introduction to Influence Operations in Cyberspace 2. Influence operations – the concept 3. On influence operations – the case studies 4. Sovereignty and non-intervention – the legal framework 5. Legal analysis 6. Conclusions and reflections on Influence Operations in Cyberspace Index

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Book SynopsisArtificial Intelligence and Market Abuse Legislation presents a wide-reaching interdisciplinary examination of the impact of AI on the EU Market Abuse Regulation (MAR).Trade Review‘Written by a renowned academic expert in the field of capital markets regulation, this book safely guides the reader through the way by which the application and enforcement of the key source of EU insider trading and market manipulation legislation – namely the 2014 “Market Abuse Regulation” – have been affected by developments in the field of artificial intelligence (AI). It thoroughly analyses this EU legislative act through the lens of the key topics currently discussed in relation to AI, with an emphasis on the rules governing algorithmic and high-frequency trading.’ -- Christos Gortsos, National and Kapodistrian University of Athens, GreeceTable of ContentsContents 1 Artificial intelligence and market abuse legislation: an introduction 2 The rationale and scope of the Market Abuse Regulation 3 Artificial intelligence: current debate and legislative proposals in the EU 4 Artificial intelligence and inside information 5 Artificial intelligence and market manipulation 6 Further issues and final conclusions Bibliography Index

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Book SynopsisTrade Review‘The DPCSR Framework is the most prominent initiative so far to embed data protection and data security by design into organisational governance structures. That allows institutions to transform ethical principles into reality, which is essential to any responsible organisation.’ -- Thiago Guimaraes Moraes, Coordinator of Innovation and Research, ANPDTable of ContentsContents: PART I INTRODUCTION TO DATA PROTECTION AS CORPORATE SOCIAL RESPONSIBILITY 1 Introduction to Data Protection as Corporate Social Responsibility 2 Corporate social responsibility and related challenges PART II A NOVEL APPROACH FOR THE PROMOTION OF ETHICS IN THE DATA-DRIVEN ECONOMY – DATA PROTECTION AS A CORPORATE SOCIAL RESPONSIBILITY 3 Scope of the UM-DPCSR Framework 4 UM-DPCSR Framework principle 1: Embed data protection, fairness and security in the design of processes 5 UM-DPCSR Framework Principle 2: be transparent with individuals about the collection and further processing of their data 6 UM-DPCSR Framework Principle 3: balance profits with the actual benefits for citizens 7 UM-DPCSR Framework Principle 4: publish relevant findings based on statistical/anonymized data to improve society 8 UM-DPCSR Framework Principle 5: devote a portion of revenues to awareness campaigns for citizens with regards to the data-centric society PART III GOVERNANCE AND IMPLEMENTATION OF THE FRAMEWORK WITHIN ORGANISATIONS 9 Adherence to the UM-DPCSR Framework 10 Conclusion Annex A: UM DPCSR Data Protection Icons for high-risk processing activities Annex B: Complete set of Arts. 13 and 14 GDPR Data Protection Icons for Information Notices Bibliography Index

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Book SynopsisTrade Review‘A must have for all those involved in domain name disputes. It offers extremely valuable guidance for effective litigation under the UDRP, both for complainants and defendants.’ -- Professor Charles Gielen, NautaDutilh, Amsterdam, the Netherlands and University of Stellenbosch, South AfricaTable of ContentsContents: Foreword Preface Table of WIPO Domain Name Decisions 1 History, organization, and management of the Uniform Domain Name Dispute Resolution Policy (UDRP) 2 WIPO UDRP procedure 3 First UDRP element: proving the disputed domain name is identical or confusing with complainant’s trademark 4 Second UDRP element: respondent has no rights or legitimate interests in disputed domain name 5 Third UDRP element: the disputed domain name has been registered and is being used in bad faith 6 Procedural issues 7 Litigating WIPO UDRP disputes Appendix 1 ICANN Uniform Domain Name Dispute Resolution Policy Appendix 2 ICANN Rules for Uniform Domain Name Dispute Resolution Policy Appendix 3 World Intellectual Property Organization Supplemental Rules for Uniform Domain Name Dispute Resolution Policy Appendix 4 WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP) Appendix 5 Complaint Form Appendix 6 Response Form Index

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Book SynopsisThis thoroughly updated Research Handbook examines the recent exponential growth of data use in society and its implications for legal research and practice. It explores contemporary research in the field of data science, as well as the operationalization of data for use in healthcare, urban governance and smart household devices, among others.

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Book SynopsisTrade Review‘Tsagourias and Buchan have successfully brought together some of the world's best legal thinkers on cyber issues to address the domain's most difficult current questions. For anyone looking to understand the application of international law to cyber operations, including the views of major actors such as China, and Russia, this second edition of the Research Handbook provides an incredibly useful one-stop source. A true must-read for anyone involved in cyber operations.’ -- Eric Talbot Jensen, Brigham Young University, US‘With cyber security rising to the top of nation States’ national security concerns, understanding the legal “rules of the road” for cyberspace has never been a higher priority. This second edition of the Research Handbook on International Law and Cyberspace rises to meet that occasion. Expertly edited, the Research Handbook offers reflections by leading experts on the state of the law as well as a candid look at its potential gaps and outstanding disputes. From its survey of relevant rules for uses of force and armed conflicts to new topics like investment law, peacekeeping, and cyber norms, this book provides the most comprehensive and current overview of the field today.’ -- Duncan B. Hollis, Temple University School of Law, USTable of ContentsContents: Preface xiv Introduction to the Research Handbook on International Law and Cyberspace 1 Michael N. Schmitt PART I CYBERSPACE AND GENERAL PRINCIPLES OF INTERNATIONAL LAW 1 The legal status of cyberspace: sovereignty redux? 9 Nicholas Tsagourias 2 The rise of cyber norms 32 Marja Lehto 3 Mapping power in cyberspace 46 Outi Korhonen and Ekaterina Markovich 4 Jurisdiction in network society 69 Uta Kohl 5 The international law of cyber intervention 97 Ido Kilovaty 6 State responsibility in cyberspace 113 Constantine Antonopoulos 7 Cyberspace and human rights 130 David P. Fidler 8 International criminal responsibility in cyberspace 152 Kai Ambos 9 International investment law and arbitration in cyberspace 181 Eric De Brabandere PART II CYBER TREATS AND INTERNATIONAL LAW 10 Cyber terrorism and use of the internet for terrorist purposes 204 Ben Saul and Kathleen Heath 11 Cyber espionage and international law 230 Russell Buchan and Iñaki Navarrete 12 International legal dimensions of cybercrime 252 Philipp Kastner and Frédéric Mégret PART III CYBER ATTACKS AND THE JUS AD BELLUM 13 The notion of cyber operations 271 Paul A. L. Ducheine and Peter B. M. J. Pijpers 14 Cyber operations as a use of force 296 Marco Roscini 15 Self-defence in cyberspace 316 Carlo Focarelli 16 Cyber-peacekeeping and international law 344 Nicholas Tsagourias and Giacomo Biggio 17 Some thoughts on cyber deterrence and public international law 365 Eric Myjer PART IV CYBER WAR AND THE JUS IN BELLO 18 Distinctive ethical challenges of cyberweapons 387 Neil C Rowe 19 Classifying cyber warfare 405 Louise Arimatsu 20 Is the principle of distinction still relevant in cyberwarfare? From doctrinal discourse to States’ practice 426 Karine Bannelier 21 International humanitarian law applied to cyber-warfare: precautions, proportionality and the notion of ‘attack’ under the humanitarian law of armed conflict 456 Terry D. Gill 22 Cyber war and the law of neutrality 470 David Turns PART V REGIONAL AND INTERNATIONAL APPROACHES TO CYBER SECURITY 23 European law and cyberspace 490 Ramses A. Wessel 24 NATO and the international law of cyber defence 508 Steven Hill 25 Russian approaches to international law and cyberspace 524 Sergey Sayapin 26 Chinese approaches to cyberspace governance and international law in cyberspace 546 Zhixiong Huang and Yaohui Ying 27 Cyber security in the Asia-Pacific 563 Hitoshi Nasu 28 The United Nations and the regulation of cyber-security 581 Christian Henderson Index

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Book SynopsisThis prescient book examines social ordering and governance in the digital universe. It demonstrates how attempts to enact regulations in virtual spaces cannot replicate laws and market arrangements in the real world, advocating for an alternative ânew lawâ to enable safe, sustainable and beneficial digital communities.

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Book SynopsisCovering the latest legal updates and rulings, the second edition of Digital Media Law presents a comprehensive introduction to all the critical issues surrounding media law. Provides a solid foundation in media law Illustrates how digitization and globalization are constantly shifting the legal landscape Utilizes current and relevant examples to illustrate key concepts Revised section on legal research covers how and where to find the law Updated with new rulings relating to corporate political speech, student speech, indecency and Net neutrality, restrictions on libel tourism, cases filed against U.S. information providers, WikiLeaks and shield laws, file sharing, privacy issues, sexting, cyber-stalking, and many others Table of ContentsDetailed Contents vi List of Sidebars ix Preface x Acknowledgments xii 1. Introduction to the Legal System 1 2. Freedom of Expression 21 3. Telecommunications Regulation 47 4. Internet Regulation 75 5. Confl ict of Laws 103 6. Information Gathering 127 7. Intellectual Property: Copyright 161 8. Intellectual Property: Patents, Trademarks, and Trade Secrets 199 9. Defamation 227 10. Invasion of Privacy 257 11. Sex and Violence 303 12. Commercial Speech and Antitrust Law 333 Appendix: How to Find the Law 367 Glossary 371 Table of Cases 378 Index 387

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Book Synopsis"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on...Trade ReviewKosseff has a thorough grasp of his material, and readers will find his exploration of Section 230 balanced, timely, and consistently thought-provoking. * Publishers Weekly *Kosseff's book is timely, given the intensifying debate about whether Congress should find ways to hold Internet companies accountable for third-party speech that harms individuals and society as a whole. But the book's value goes beyond timing. The author's background as a journalist and his current roles as a professor and a lawyer enable him to produce an engaging narrative that explains the law clearly and compels us to think about speech in the modern age and who is responsible when it is harmful. * The Washington Post *Americans are of two minds about the internet: They rely on it and fear it, they immerse themselves in it for hours and deplore its social consequences. Jeff Kosseff's The Twenty-Six Words That Created the Internet is in many ways the story of how and why this happened. * The Wall Street Journal *Kosseff presents an insider's account of the current dispute over whether a website should be permitted to profit from publishing advertisements that sell illegal sexual services possibly performed by minors. This book is extremely timely as both US lawmakers and the nation's courts are struggling over the proper regulation of online hate speech, fake news, political bias, and other systematic manipulations employing this increasingly powerful form of communication. * Choice *An important history of one component of the rise of the Internet as a business. Kosseff translates legalspeak into understandable and frequently compelling prose. * American Historical Review *Table of ContentsAcknowledgments Introduction Part I.: The Creation of Section 230 1. Eleazar Smith's Bookstore 2. The Prodigy Exception 3. Chris and Ron Do Lunch Part II.: The Rise of Section 230 4. Ask for Ken 5. Himmler's Granddaughter and the Bajoran Dabo Girl 6. The Flower Child and a Trillion-Dollar Industry 7. American Exceptionalism Part III.: The Gradual Erosion of Section 230 8. A Lawless No-Man's Land? 9. Hacking 230 Part IV.: The Future of Section 230 10. Sarah versus the Dirty Army 11. Kill. Kill. Kill. Kill. 12. Moderation Inc. 13. Exceptional Exceptions Conclusion Notes Index

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Book SynopsisIn The Future of Change, Ray Brescia identifies a series of social innovation moments in American history. Through these momentsduring which social movements have embraced advances in communications technologieshe illuminates the complicated, dangerous, innovative, and exciting relationship between these technologies, social movements, and social change. Brescia shows that, almost without fail, developments in how we communicate shape social movements, just as those movements change the very technologies themselves.From the printing press to the television, social movements have leveraged communications technologies to advance change. In this moment of rapidly evolving communications, it''s imperative to assess the role that the Internet, mobile devices, and social media can play in promoting social justice. But first we must look to the past, to examples of movements throughout American history that successfully harnessed communications technology, thus facilitating pTrade ReviewBrescia offers an impressive overview of 'social innovation moments. in American history. The final result is a successful articulation of a progressive message. * Choice *[In] The Future of Change, Brescia provides a highly useful framework for future activists, one that enjoins them to embrace new technologies but not to presume their use alone to be sufficient to enact progressive change. * TECHNOLOGY AND CULTURE *Table of ContentsIntroduction 1. Medium 2. Network 3. Message 4. The Great Divide 5. Digital Organizing 6. Amending the Violence against Women Act 7. Marriage Equality in Maine 8. A Living Wage in Long Beach 9. Putting the Matrix to Work

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Book SynopsisIn The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment''s protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment''s protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying infTrade ReviewAmid surging social media and online speech wars, readers concerned about the future of free speech, privacy, and the law will appreciate Kosseff's ability to deftly place the many-sided anonymity debate in the context of constitutional values and social norms. * Library Journal *Table of ContentsIntroduction Part I: Developing the Right to Anonymity 1. America, the Anonymous 2. Empowering Anonymous Association 3. Empowering Anonymous Speech 4. The Scope of Anonymity Empowerment 5. Antimask Part II: The Right to Online Anonymity 6. Cybersmear 7. Setting the Rules for Online Anonymity 8. Online Anonymity and Copyright 9. When the Government Wants to Unmask You 10. Anonymity Worldwide 11. Technological Protections for Anonymity Part III: Living in an Anonymous World 12. Anonymity as a Shield 13. Anonymity as a Sword Part IV: The Future of Anonymity 14. Real-Name Policies 15. Out in the Open 16. Empowering Anonymity through Privacy Law Conclusion

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Book SynopsisIs the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command. The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.Trade Review"No one has done more than Mark Fenster to challenge the premises and policies of the open government movement. This book will be a foundational text in critical transparency studies." -- David Pozen * Columbia Law School *"The Transparency Fix is an essential guide to the often heated debate over secrecy in American government. Mark Fenster explores the practical limits to keeping secrets in contemporary government and questions whether openness can really prevent abuses of power. A thoughtful, pragmatic analysis of an enduring problem." -- Alasdair Roberts * University of Missouri *Table of ContentsContents and AbstractsIntroduction: The Transparent State We Want But Can't Have chapter abstractThis chapter introduces the book's arguments: Transparency and secrecy share a cybernetic theory of information transmission by which the state can control its information (in order either to release or secure it); the state's information is identifiable and capable of being released or secured; and a public or other receiver awaits the information's release and will respond to it rationally and predictably. This theory permeates advocacy, laws, and popular ways of understanding the state and its information. But the theory does not describe the contemporary state, which is both too secret and too leaky. 1Liberating the Family Jewels: "Free" Information and "Open" Government in the Post-War Legal Imaginary chapter abstractThis chapter presents the history of early transparency advocacy and its relationship to prevalent theories of democracy. The concepts of "freedom of information" and the "right to know" carry the weight of the transparency advocacy movement. The concepts assumed their current meanings in the post–World War II campaign to fight against government secrecy, a campaign that established certain means of understanding the state, information, and the press that remain key elements of access to information law today—means that relied upon broader theoretical justifications developed in modern political theory. In their development and deployment, the two concepts reveal transparency's symbolic meaning, as well as its emphasis on the state as an entity defined by its information. 2Supplementing the Transparency Fix: Innovations in the Wake of Law's Inadequacies chapter abstractFOIA has not fully solved the problem of government secrecy. Advocates' disappointment and frustration with the legal fix for government secrecy have spawned innovative transparency campaigns that seek a better, more effective means to unveil the state than legal rights. This chapter describes three of them: Transparency International and other anti-corruption NGOs; advocacy for digital transparency via the use of information technology to open government data and make a more responsive state; and WikiLeaks and the vigilante transparency movement it has helped usher in. The movements share a commitment to freeing government information but have different visions of the state and the best policies to make it transparent. The chapter demonstrates that the nearly universal embrace of transparency as a normative good masks irreconcilable substantive disagreements over what the newly visible state should look like. 3Transparency's Limits: Balancing the Open and Secret State chapter abstractThis chapter considers the philosophical and practical critiques of transparency and the justifications for secrecy that support a broad privilege for government to keep secrets. The longstanding, widely accepted notion that transparency must have limits and that state secrecy is essential for the state's functions has led to a body of law and group of norms that enable and even encourage the state to control information. The imperfect resolution to the conflict between secrecy and transparency follows from the contested boundaries between transparency's reach and secrecy's limits. This unresolvable contest in turn drives the chase for an elusive balance between disclosure and privilege, one that can produce both a vibrant democracy with an informed electorate as well as a secure nation and functional state. 4The Uncontrollable State chapter abstractThis chapter considers the state as a set of logically but loosely organized bureaucratic institutions that occupy vast geographic and physical space. The contemporary state's size and complexity resist the kind of informational controls that transparency and secrecy require as administrative ideals. These ideals presume the existence of a singular entity capable of communication, understood as sending the message of government information to a receiver or preventing itself from doing so by choosing to be uncommunicative. But the state cannot serve as the producer and repository of information that controls information's flow and acts as a unified, intentional communicator. It sprawls too much geographically and organizationally to perfectly send, or keep itself from sending, its information as a message. 5The Impossible Archive of Government Information chapter abstractThis chapter considers how the state's complex and contextual process of producing and holding information undermines the notion that the government information that is disclosed or kept secret can serve as a message worthy of transmission or suppression. "Government information" exists, of course, but only as a hypothetical ideal. It makes up a boundless archive that cannot be known. Most importantly, the archive cannot be fully disclosed or kept fully secret. The chapter illustrates this by discussing the difficulties created by the problem of conceptualizing and therefore controlling the government document, the sheer size of the government's archives, and the effects that the effort to keep information secret and to force its disclosure have on information's production and circulation in the bureaucratic state. 6Disclosure's Effects? chapter abstractThis chapter considers whether the disclosure of government information has effects by asking three questions: First, is the public capable of responding rationally and knowledgeably to disclosure? Second, does the public even exist in some discernible form? These two questions pose the core challenge to transparency and secrecy. The academic literature across multiple disciplines challenges not only the assumption that the public is capable of understanding state information but also that some public even exists in an identifiable form. The third question is whether institutions of various sorts—those state and private organizations that serve on the public's behalf or might undermine the nation's security and well-being—have the capacity to respond to disclosure in rational and predictable ways. To assume that these institutions can do so assumes that they too have the capacity to understand and respond rationally to government information—assumptions that rest on a shaky foundation. 7The Implausibility of Information Control chapter abstractSecrecy is exceedingly difficult to maintain. This chapter offers three case studies that illustrate the various means by which information seeps out of the state, including deliberate leaks by officials and accidental leaks that occur by bureaucratic mistake, observation and reporting by people outside the government who witness state action, and the act itself of keeping secrets, which can disclose information about government plans and actions. One case study chronicles Vice President Cheney's surprisingly unsuccessful efforts to keep the National Energy Policy Development Group (NEPDG) secret; another describes several instances in which redaction has not kept secret the information it covers and shows how redaction fails to completely stop interpretation and knowledge while it generates imaginative means to gather information and interpret the absent content; and the third discusses the difficulty that the government faces in controlling even its most prized secrets about covert operations. 8The Disappointments of Megaleaks chapter abstractThe unauthorized release of massive numbers of classified or secret government documents offers an opportunity to test disclosure's effects. If transparency matters, then Edward Snowden and WikiLeaks' revelation of huge caches of documents should enable the public to learn more and engage more knowledgeably with the issues the documents raise, increasing public accountability with more enlightened political debate and participatory democracy. But if disclosure proves harmful and secrecy is essential, then the leak of these materials should significantly increase the nation's vulnerability in discernible ways and harm its relationships internationally. Reviewing open source materials, this chapter concludes that there is no clear or meaningful pattern of effects that WikiLeaks and Edward Snowden caused. This finding does not support the claims that advocates make about disclosure's necessity or its danger, and it casts doubts on legal standards that ask judges or officials to balance the benefits and risks of disclosure. Conclusion: The West Wing, the West Wing, and Abandoning the Informational Fix chapter abstractThis brief concluding chapter discusses two things: how the TV series The West Wing demonstrates our ambivalence about secrecy and transparency by giving full access to a transparently fictional White House whose officials debated why they kept secrets; and why seeking to tinker with government institutions and transparency mandates will ultimately be more successful than imagining government information can be fixed.

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Book SynopsisIs the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command. The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.Trade Review"No one has done more than Mark Fenster to challenge the premises and policies of the open government movement. This book will be a foundational text in critical transparency studies." -- David Pozen * Columbia Law School *"The Transparency Fix is an essential guide to the often heated debate over secrecy in American government. Mark Fenster explores the practical limits to keeping secrets in contemporary government and questions whether openness can really prevent abuses of power. A thoughtful, pragmatic analysis of an enduring problem." -- Alasdair Roberts * University of Missouri *Table of ContentsContents and AbstractsIntroduction: The Transparent State We Want But Can't Have chapter abstractThis chapter introduces the book's arguments: Transparency and secrecy share a cybernetic theory of information transmission by which the state can control its information (in order either to release or secure it); the state's information is identifiable and capable of being released or secured; and a public or other receiver awaits the information's release and will respond to it rationally and predictably. This theory permeates advocacy, laws, and popular ways of understanding the state and its information. But the theory does not describe the contemporary state, which is both too secret and too leaky. 1Liberating the Family Jewels: "Free" Information and "Open" Government in the Post-War Legal Imaginary chapter abstractThis chapter presents the history of early transparency advocacy and its relationship to prevalent theories of democracy. The concepts of "freedom of information" and the "right to know" carry the weight of the transparency advocacy movement. The concepts assumed their current meanings in the post–World War II campaign to fight against government secrecy, a campaign that established certain means of understanding the state, information, and the press that remain key elements of access to information law today—means that relied upon broader theoretical justifications developed in modern political theory. In their development and deployment, the two concepts reveal transparency's symbolic meaning, as well as its emphasis on the state as an entity defined by its information. 2Supplementing the Transparency Fix: Innovations in the Wake of Law's Inadequacies chapter abstractFOIA has not fully solved the problem of government secrecy. Advocates' disappointment and frustration with the legal fix for government secrecy have spawned innovative transparency campaigns that seek a better, more effective means to unveil the state than legal rights. This chapter describes three of them: Transparency International and other anti-corruption NGOs; advocacy for digital transparency via the use of information technology to open government data and make a more responsive state; and WikiLeaks and the vigilante transparency movement it has helped usher in. The movements share a commitment to freeing government information but have different visions of the state and the best policies to make it transparent. The chapter demonstrates that the nearly universal embrace of transparency as a normative good masks irreconcilable substantive disagreements over what the newly visible state should look like. 3Transparency's Limits: Balancing the Open and Secret State chapter abstractThis chapter considers the philosophical and practical critiques of transparency and the justifications for secrecy that support a broad privilege for government to keep secrets. The longstanding, widely accepted notion that transparency must have limits and that state secrecy is essential for the state's functions has led to a body of law and group of norms that enable and even encourage the state to control information. The imperfect resolution to the conflict between secrecy and transparency follows from the contested boundaries between transparency's reach and secrecy's limits. This unresolvable contest in turn drives the chase for an elusive balance between disclosure and privilege, one that can produce both a vibrant democracy with an informed electorate as well as a secure nation and functional state. 4The Uncontrollable State chapter abstractThis chapter considers the state as a set of logically but loosely organized bureaucratic institutions that occupy vast geographic and physical space. The contemporary state's size and complexity resist the kind of informational controls that transparency and secrecy require as administrative ideals. These ideals presume the existence of a singular entity capable of communication, understood as sending the message of government information to a receiver or preventing itself from doing so by choosing to be uncommunicative. But the state cannot serve as the producer and repository of information that controls information's flow and acts as a unified, intentional communicator. It sprawls too much geographically and organizationally to perfectly send, or keep itself from sending, its information as a message. 5The Impossible Archive of Government Information chapter abstractThis chapter considers how the state's complex and contextual process of producing and holding information undermines the notion that the government information that is disclosed or kept secret can serve as a message worthy of transmission or suppression. "Government information" exists, of course, but only as a hypothetical ideal. It makes up a boundless archive that cannot be known. Most importantly, the archive cannot be fully disclosed or kept fully secret. The chapter illustrates this by discussing the difficulties created by the problem of conceptualizing and therefore controlling the government document, the sheer size of the government's archives, and the effects that the effort to keep information secret and to force its disclosure have on information's production and circulation in the bureaucratic state. 6Disclosure's Effects? chapter abstractThis chapter considers whether the disclosure of government information has effects by asking three questions: First, is the public capable of responding rationally and knowledgeably to disclosure? Second, does the public even exist in some discernible form? These two questions pose the core challenge to transparency and secrecy. The academic literature across multiple disciplines challenges not only the assumption that the public is capable of understanding state information but also that some public even exists in an identifiable form. The third question is whether institutions of various sorts—those state and private organizations that serve on the public's behalf or might undermine the nation's security and well-being—have the capacity to respond to disclosure in rational and predictable ways. To assume that these institutions can do so assumes that they too have the capacity to understand and respond rationally to government information—assumptions that rest on a shaky foundation. 7The Implausibility of Information Control chapter abstractSecrecy is exceedingly difficult to maintain. This chapter offers three case studies that illustrate the various means by which information seeps out of the state, including deliberate leaks by officials and accidental leaks that occur by bureaucratic mistake, observation and reporting by people outside the government who witness state action, and the act itself of keeping secrets, which can disclose information about government plans and actions. One case study chronicles Vice President Cheney's surprisingly unsuccessful efforts to keep the National Energy Policy Development Group (NEPDG) secret; another describes several instances in which redaction has not kept secret the information it covers and shows how redaction fails to completely stop interpretation and knowledge while it generates imaginative means to gather information and interpret the absent content; and the third discusses the difficulty that the government faces in controlling even its most prized secrets about covert operations. 8The Disappointments of Megaleaks chapter abstractThe unauthorized release of massive numbers of classified or secret government documents offers an opportunity to test disclosure's effects. If transparency matters, then Edward Snowden and WikiLeaks' revelation of huge caches of documents should enable the public to learn more and engage more knowledgeably with the issues the documents raise, increasing public accountability with more enlightened political debate and participatory democracy. But if disclosure proves harmful and secrecy is essential, then the leak of these materials should significantly increase the nation's vulnerability in discernible ways and harm its relationships internationally. Reviewing open source materials, this chapter concludes that there is no clear or meaningful pattern of effects that WikiLeaks and Edward Snowden caused. This finding does not support the claims that advocates make about disclosure's necessity or its danger, and it casts doubts on legal standards that ask judges or officials to balance the benefits and risks of disclosure. Conclusion: The West Wing, the West Wing, and Abandoning the Informational Fix chapter abstractThis brief concluding chapter discusses two things: how the TV series The West Wing demonstrates our ambivalence about secrecy and transparency by giving full access to a transparently fictional White House whose officials debated why they kept secrets; and why seeking to tinker with government institutions and transparency mandates will ultimately be more successful than imagining government information can be fixed.

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Book SynopsisThe 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 variously as cyberlaw, cyberspace law or internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field.The author argues that cyberlaw might best be considered a law of the 'online intermediary,' and that by focusing on the regulation of online conduct by search engines, online retail outlets, Internet service providers and online social networks, a more cohesive and comprehensive concept of cyberlaw may be developed. Topics covered include current comparative and global strategies, suggestions for future approaches to cyberspace regulation, and the creation of a cohesive and comprehensive framework for the cyberlaw field.Providing an excellent summation of current, past and future cyberlaw, this volume will be extremely valuable to students, scholars, policy makers and legal practitioners with an interest in digital information and technology.Trade Review'Lipton does a good job of explaining both the technological aspects of the law and the legal aspects of technology. The book is written in an engaging style, and is a good introduction on the subject.' --Sarah Sutherland, Canadian Law Library Review'This book provides a detailed and methodical overview of the contemporary contours of cyberspace law. It does a wonderful job explaining the evolution of online copyright law and trademark law issues, and also of predicting future developments. It also provides a clear and handy account of online privacy law, and the speech torts, especially defamation. This updated treatment of essential cyberspace law topics makes an exceptionally useful contribution to the field.' --Ann Bartow, Pace University School of Law, US'As one of the long-time leading scholars in the field, Professor Lipton has written a timely reconceptualization of cyberlaw as few others could do. In this comprehensive overview, Professor Lipton presents the nuances of the subject in an accessible manner that will be of interest not only to legal scholars or practitioners specializing in cyberlaw, but to anyone who has reflected on the unique nature of cyberspace and its regulation.' --Marshall A. Leaffer, Indiana University, Maurer School of Law, USTable of ContentsContents: 1.The Scope of Cyberlaw 2. Digital Copyright Law 3. Digital Trademark Law 4. Online Defamation and other Harmful Speech 5. Digital Privacy and Cyber-Victimization 6. Conclusions on the Future of Cyberlaw Index

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Book SynopsisRikke Frank Jørgensen has given us a thoughtful and competent contribution to a debate of increasing global importance. Her theoretical analysis and practical case-study stimulate critical reflection on how we should connect the primary moral domain of our time - human rights - with the primary infrastructure for global communication, the Internet. This book is a must read for all who engage with the search for meaningful and practical normative directions for communications in the 21st century.'- Cees J. Hamelink, University of Amsterdam, The Netherlands'Understanding the Internet is key to protecting human rights in the future. In Framing the Net, Rikke Frank Jørgensen shows how this can be done. Deconstructing four key metaphors - the Internet as infrastructure, public sphere, medium and culture - she shows where the challenges to human rights protection online lie and how to confront them. Importantly, she develops clear policy proposals for national and international Internet policy-makers, all based on human rights. Her book is essential reading for anyone interested in the future of human rights on the Internet: and that should be everyone.'- Wolfgang Benedek, University of Graz, Austria'Jørgensen's examination of whether Internet governance can be better aligned with the rights and freedoms enshrined in human rights law and standards of compliance should be read by everyone in the academic, policy and legal practitioner communities. From women s use of ICTs in Uganda to Wikipedia in Germany, information society developments make it imperative that scholars and practitioners understand why it matters how the issues are framed. This book successfully analyses a decade or more of debate in this field in an engaging and very illuminating way.'- Robin Mansell, London School of Economics and Political Science, UKThis important book examines how human rights are being applied in the digital era. The focus on 'internet freedoms' and 'internet rights' has risen considerably in recent years, and in July 2012 the first resolution on the promotion, protection and enjoyment of human rights on the internet was adopted by the U.N. Human Rights Council.This timely book suggests four framings to examine human rights challenges in an internet era: the Internet as Infrastructure, the Internet as Public Sphere, the Internet as Medium and the Internet as Culture. These propositions, and the questions that arise from them, are considered in the broad context of the way human rights are translated and applied in the information society, both in academic research and the international community s policy discourse. The author points to the role of private actors vis-à-vis human rights as one of the most crucial and cross-cutting themes that needs to be addressed in order to advance human rights protection on the internet.Combining research themes that are often dealt with separately, this book will appeal to civil society organizations, journalists, and policy makers in the field of internet and communication policy making. The book's overview of internet-related academic discourse combined with human rights-based policy analysis will be useful for scholars, students, and practitioners working within these fields.Contents: Preface Introduction Part I: Human Rights in the Internet Era 1. Theorizing the Internet Era 2. Revisiting Public and Private 3. Human Rights Part II: Framing the Net 4. The Internet as Infrastructure 5. The Internet as Public Sphere 6. The Internet as a Medium 7. The Internet as Culture Part III: ICT and Social Change 8. ICT as a Tool for Empowerment in Uganda 9. Wikipedia as a Platform for Community Life and Collaboration 10. Conclusion Appendices Bibliography IndexTrade Review‘Rikke Frank Jørgensen has given us a thoughtful and competent contribution to a debate of increasing global importance. Her theoretical analysis and practical case-study stimulate critical reflection on how we should connect the primary moral domain of our time – human rights – with the primary infrastructure for global communication, the Internet. This book is a must read for all who engage with the search for meaningful and practical normative directions for communications in the 21st century.’ -- Cees J. Hamelink, University of Amsterdam, the Netherlands‘Understanding the Internet is key to protecting human rights in the future. In Framing the Net, Rikke Frank Jørgensen shows how this can be done. Deconstructing four key metaphors – the Internet as infrastructure, public sphere, medium and culture – she shows where the challenges to human rights protection online lie and how to confront them. Importantly, she develops clear policy proposals for national and international Internet policy-makers, all based on human rights. Her book is essential reading for anyone interested in the future of human rights on the Internet: and that should be everyone.’ -- Wolfgang Benedek, University of Graz, Austria‘Jørgensen’s examination of whether Internet governance can be better aligned with the rights and freedoms enshrined in human rights law and standards of compliance should be read by everyone in the academic, policy and legal practitioner communities. From women’s use of ICTs in Uganda to Wikipedia in Germany, information society developments make it imperative that scholars and practitioners understand why it matters how the issues are framed. This book successfully analyses a decade or more of debate in this field in an engaging and very illuminating way.’ -- Robin Mansell, London School of Economics and Political Science, UKTable of ContentsContents: Preface Introduction Part I: Human Rights in the Internet Era 1. Theorizing the Internet Era 2. Revisiting Public and Private 3. Human Rights Part II: Framing the Net 4. The Internet as Infrastructure 5. The Internet as Public Sphere 6. The Internet as a Medium 7. The Internet as Culture Part III: ICT and Social Change 8. ICT as a Tool for Empowerment in Uganda 9. Wikipedia as a Platform for Community Life and Collaboration 10. Conclusion Appendices Bibliography Index

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Book SynopsisVirtual currencies, particularly crypt-currencies, have been identified as potential money laundering and terrorism financing instruments due to their ability to transfer money anonymously and instantaneously over the globe. Governments and regulators have also recognized the need to more closely monitor and track virtual currency purchases and accounts to avoid the industry being exploited for money laundering or terrorism financing purposes, as explained in this book. The broad overview of various international legal approaches attempting to address this issue would be a great resource for legal and anti-money laundering or counter terrorism financing graduate students, scholars and practitioners interested in virtual currencies research.'- Raymond Choo, University of South Australia'This book is a comprehensive, highly detailed review of cybercrime and the issues raised by gambling in virtual environments. It makes an excellent contribution to the evolving discussion about the risks and controls relating to these activities. I would highly recommend it to anyone interested in financial crime and virtual environments from an international perspective.'- Liz Falconer, University of the West of England, UKIn this unique book, the authors examine the relationship between real world legislation and new advancements in technology, showing how this can lead to loopholes in legislative protection. They draw on empirical research to highlight the jurisprudential issues relating to economic internet crime and digital currencies.Advancements in technology have seen gambling behavior transverse a new path. The law has not kept pace with such advances, leaving grey areas of concern undiscussed and unregulated.The authors provide a critical discussion on laws relating to gambling in virtual worlds, commenting that terms such as 'virtual' or fantasy are unhelpful in promoting effective legislation. The discussion reveals how virtual world gambling can lead on to other criminal acts within virtual worlds, and specifically examines the notion of cybercrime, economic internet crime and the problems associated with digital currencies. The book concludes by presenting the case for joined up national and international legislation to tackle virtual world crimes effectively.This distinctive study will appeal to researchers and advanced students with an interest in cybercrime, economic internet crime and virtual economies. Practitioners, policy-makers and law enforcement officers will find this book informative in promoting suitable legislation to encompass new technologies in economic crime.Contents: 1. Introduction to Virtual Worlds and Gambling 2. Cybercrime Critical Literature Review 3. Global and Virtual Gambling Legislation 4. International Measures Regulating Online Gambling 5. Global Regulation on Financial Crime 6. Digital Currencies and Financial Crime Conclusion and Recommendations IndexTrade Review’This is an informative book that is presented in a thoughtful and logical way and is written in an accessible style. As such it is useful to those unfamiliar with cybercrime, and explains in clear unambiguous language all concepts, ideas and legal frameworks, rather than burying them deeply in impenetrable technical jargon. This book therefore is of use both as an academic and practical text, and should reach a wide audience.’ -- Graham Brooks, Criminal Law and Criminal Justice Books’Virtual currencies, particularly crypt-currencies, have been identified as potential money laundering and terrorism financing instruments due to their ability to transfer money anonymously and instantaneously over the globe. Governments and regulators have also recognized the need to more closely monitor and track virtual currency purchases and accounts to avoid the industry being exploited for money laundering or terrorism financing purposes, as explained in this book. The broad overview of various international legal approaches attempting to address this issue would be a great resource for legal and anti-money laundering or counter terrorism financing graduate students, scholars and practitioners interested in virtual currencies research.’ -- Raymond Choo, University of South Australia’This book is a comprehensive, highly detailed review of cybercrime and the issues raised by gambling in virtual environments. It makes an excellent contribution to the evolving discussion about the risks and controls relating to these activities. I would highly recommend it to anyone interested in financial crime and virtual environments from an international perspective’ -- Liz Falconer, University of the West of England, UKTable of ContentsContents: 1. Introduction to Virtual Worlds and Gambling 2. Cybercrime Critical Literature Review 3. Global and Virtual Gambling Legislation 4. International Measures Regulating Online Gambling 5. Global Regulation on Financial Crime 6. Digital Currencies and Financial Crime Conclusion and Recommendations Index

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Book SynopsisDigital preservation has become culturally, as well as economically, indispensable. The preserving of business processes is an emerging challenge for each company, regardless of industry sector and size. This book focuses on the legal aspects of digital preservation and offers legal guidance in that area.This important book illustrates the implications of preservation actions on intellectual property rights and data protection. These can include: potential violation of data protection laws through the storage of personal data, and potential infringement of a copyright-holder's exclusive right to reproduce and store their copyright protected data. The book considers the scope of protection under both IP rights and data protection, and offers strategies on avoiding potential infringement. Further IT contracting issues and selected existing legal obligations to preserve data are described with a particular emphasis on digital preservation.The clear exposition of the legal framework, and the detailed analysis of Legal Aspects of Digital Preservation will be of great utility to practitioner advising companies who are digitally preserving business processes, as well as those companies themselves, developers of preservation systems, and researchers in the field of digital archiving.Contents: Foreword 1. Introduction 2. Legal Aspects of Digital Preservation 3. Copyrights 4. Data Protection 5. Legal Obligations to Preserve Data 6. IT Contracting Bibliography IndexTable of ContentsContents: Foreword 1. Introduction 2. Legal Aspects of Digital Preservation 3. Copyrights 4. Data Protection 5. Legal Obligations to Preserve Data 6. IT Contracting Bibliography Index

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Book SynopsisCybersecurity is a vital issue for all countries, but those in the developing world face unique concerns. This innovative book evaluates the experience of cyberspace policies and strategies and their relation to cyber laws and regulations in developing and emerging economies, using economic, political and social bases as well as resource-based theory perspectives.This work is inspired by a number of factors including the burgeoning importance of cybersecurity in an interconnected world and the fact that cyber risk is now at the top of the global agenda, as high-profile breaches increase worries that cybersecurity attacks might compromise the world economy. Its unique and innovative look at radical changes in the use of governmental resources to improve the effectiveness and efficiency of cybersecurity policies and strategies, and its insight into the effects of these changes on the economic structure of a country, make this book useful to many disciplines.Scholars, students and policy makers will all find this vivid book of great value in understanding the vital issues in cybersecurity.Trade Review'This is an important book on the quality and comprehensiveness of cybersecurity policies and strategies in developing and emerging economies. The book provides a guiding framework for understanding the determinants of the quality and comprehensiveness of National Cyber Security (NCS) strategies in countries from a resource-based theory perspective. The work performed by the authors and the conclusions reached are unique, such as proving that soft, intangible resources and infrastructure measures are important in explaining variations in quality and comprehensiveness of NCS strategies. The book concludes with a number of useful recommendations geared toward refining the development of, and guiding/improving the enforcement of, cybersecurity strategies in emerging economies.' --Soumitra Dutta, Cornell University, USTable of ContentsContents: Chapter I, Chapter II, Chapter II, Chapter III, Chapter IV, Chapter V, Chapter VI, Index

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Book SynopsisCyberspace 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. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there. Academics and researchers who are interested in the regulation of cyberspace will find this to be a compelling study. More broadly, it will appeal to those researching in the fields of transnational legal studies, jurisprudence and legal thought.Trade Review'Reed and Murray have, in their own earlier work, separately emphasised the significance of legal theory to the study of Internet law - and, crucially, of Internet law to legal theory. In this thoughtful joint project, they take a fresh look at the development of cyberlaw over the last two decades, unpacking a crowded room of regulatory bodies, national governments, intermediaries, corporations, and users. They emphasise authority and legitimacy, offering a powerful critique of inaccessible rules, and propose a new focus on the reception of legal norms. This new book is both a reflection on the progress made in the field and a provocative contribution to a debate that has proven difficult for lawmakers and communities alike to resolve thus far.' --Daithí Mac Síthigh, Queen's University Belfast, UK'The evolution of cyberspace regulation is creating striking challenges for traditional assumptions of jurisprudence. This innovative and incisive text provides a rich, essential exploration of these challenges and of their immense practical significance for jurisprudence specialists and cyber lawyers alike.' --Roger Cotterrell, Queen Mary University of London, UKTable of ContentsContents: Part I Law and Authority in Cyberspace 1. The Lawmaking Authority of States 2. Non-State Rulemakers 3. Communities, Authority and Rules of Recognition Part II Control, Competition and Conversation 4. Control 5. Normative Competition in Cyberspace 6. Networks and nodes 7. Legitimacy and Authority 8. Maintaining the rule of law in cyberspace Afterword Index

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Book SynopsisSocial media offers a platform for individual self-expression and the sharing of information. However, social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from both public and private law perspectives and outlines how the law has endeavoured to adapt the existing tools to social media. The expert contributors explore a range of ideas to investigate the intersection between law and social media and they provide an insight into the challenges the legal community currently face. This collection explores key topics such as public and private law implications, the gap between the lay and legal understandings of social media, the conflict of laws regarding social media and the individual rights associated with social media. This timely study of a complex and ever-changing area of law will be of interest to legal scholars, students and practitioners and will provide a valuable source of reference for those studying or researching media and journalism.Contributors include: R.D. Barnes, E. Garnier, L.E. Gillies, E. Harbinja, E.B. Laidlaw, D. Mac Síthigh, D. Mangan, A. Mills, A.D. Murray, J. Rowbottom, A. Scott, I. Walden, L. Woods, P. WraggTrade Review'In the early years of the World Wide Web, legal scholars predicted that much of the conventional wisdom on information policy would be challenged by full, democratic access to mass distribution and publication. This terrific collection of essays breathes new life into the middle-aged problems of ''cheap speech''. Each contribution elegantly serves up big, foundational problems in the law through focused examination of specific topics, such as how social media has driven up the use of harassment laws and contempt of court orders, or how private intermediaries decide what a ''joke'' is. This collection will be both educational and a sheer joy to read for anybody with a serious or casual interest in communications law.' --Jane Bambauer, University of Arizona, US'After the legal challenges caused by the internet in general, the interactive web 2.0 added another dimension of legal complexity with social media as the most prominent exponent. This book brings together the best experts, and offers sharp analyses from the angle of the rule of law, contempt of court, press regulation, freedom of expression, working places, complaints, liability and human rights. The book cuts across legal disciplines and explores new paths, making it a valuable addition to the field of internet law.' --Arno R. Lodder, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Foreword Sir Edward Garnier QC 1. Introduction David Mangan and Lorna E. Gillies A. Social media and the law 2. Mapping the rule of law for the internet Andrew D. Murray B Public order in a virtual space 3. Crime and communication: do legal controls leave enough space for freedom of expression Jacob Rowbottom 4. Press regulation in a converging environment Ian Walden 5. Contempt of court and new media Daithí Mac Síthigh 6. Social media: it is not just about Article 10 Lorna Woods C Private law responses to social media 7. What is a joke? Mapping the path of a speech complaint on social networks Emily B. Laidlaw 8. Social media, sporting figures and the regulation of morality Robin D. Barnes and Paul Wragg 9. Post-mortem social media: law and Facebook after death Edina Harbinja 10. Social media in the workplace David Mangan 11. An unwholesome layer cake: intermediary liability in English defamation and data protection law Andrew Scott D Cross border regulation of virtual space 12. Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media Lorna E. Gillies 13. Choice of law in defamation and the regulation of free speech on social media: nineteenth century law meets twenty-first century problems Alex Mills Index

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Book SynopsisThis Research Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future. Written by leading international academics, commentators and practitioners, the Handbook is organised into clear thematic parts that address the most prominent types of IP rights: copyrights and related rights; patents and trade secrets; and trade mark law and designs. Chapters analyse a range of key technologies and their impacts within these areas, including big data, artificial intelligence, streaming, software, databases, user-generated content, mass digitisation, metatags, keywords and 3D printing. The Handbook concludes by exploring issues of competition and enforcement that cut across all of these technologies, particularly in the light of online exploitation and infringement. Scholars and doctoral students of law will find this Handbook an invaluable introduction and guide to the field of digital IP. Practitioners will also find its thoughtful coverage practically relevant. Contributors include: R. Abbott, B. Allgrove, R. Arnold, R. Burrell, T. Cook, M. Davison, M. Fisher, S. Ghosh, J. Ginsburg, J. Groom, M. Handler, Y. Harn Lee, T.R. Holbrook, M. Iljadica, S. Karapapa, I. Lee, J. Lipton, D. Llewelyn, M.F. Makeen, M.P. McKenna, D. Mendis, F. Mostert, L.S. Osborn, T.P. Reddy, E. Rosati, S.K. Sandeen, M. Senftleben, N. Shemtov, A. Strowel, T.E. Synodinou, K. WeatherallTrade Review'Digital technologies inevitably live with IP rights that protect them or stand in their way. This Research Handbook features an excellent line-up of renowned scholars, who each examine different digital phenomena through the lens of a particular IP right. The chapters are written with practical relevance and scholarly rigour, making it a useful resource for academics, legal practitioners, and other IP enthusiasts.' --Stef van Gompel, University of Amsterdam, the Netherlands'Professor Aplin's very timely Research Handbook spans the entire spectrum of relevant intellectual property rights as well as unfair competition law, competition law and enforcement of intellectual property rights. Its comprehensiveness is enhanced by the great cast of authors from different jurisdictions. A must-read for all those interested in contemporary and hugely important digital issues affecting intellectual property law.' --Estelle Derclaye, University of Nottingham, UKTable of ContentsContents: Preface PART I COPYRIGHT AND RELATED RIGHTS 1 Software and graphical user interfaces 2 Noam Shemtov 2 Copyright in software: functionality 26 Richard Arnold 3 Copyright and gaming 44 Yin Harn Lee 4 Databases and copyright protection 63 Mark Davison 5 Database producer protection: between rights and liabilities 81 Tatiana Eleni Synodinou 6 Big data and data appropriation in the EU 107 Alain Strowel 7 User generated content: towards a new use privilege in EU copyright law 136 Martin Senftleben 8 User generated content and its authors 163 Marta Iljadica 9 Mass digitization in the ebook market: copyright protections and exceptions 186 Jacqueline Lipton 10 Ebooks and mass digitization projects: the role of licensing 201 Eleonora Rosati 11 Copyright liability for hyperlinking 217 Jane Ginsburg and Alain Strowel 12 Video streaming and the communication to the public right in the United States and European Union 246 Makeen Fouad Makeen PART II PATENTS AND TRADE SECRETS 13 Software-related inventions 277 Matthew Fisher 14 The prejudice against patenting business methods 302 Trevor Cook 15 Artificial intelligence, big data and intellectual property: protecting computer generated works in the United Kingdom 322 Ryan Abbott 16 Extraterritoriality and digital patent infringement 338 Timothy R. Holbrook 17 Out of thin air: trade secrets, cybersecurity and the wrongful acquisition tort 363 Sharon K. Sandeen PART III TRADE MARKS, DESIGNS AND UNFAIR COMPETITION 18 Trade mark protection for digital goods 382 Mark P. McKenna and Lucas S. Osborn 19 The Uniform Domain Name Dispute Resolution Policy (UDRP): not quite arbitration, but satisfying? 397 Ilhyung Lee 20 Metatags ‘using’ third party trade marks on the Internet 411 David Llewelyn and Prashant Reddy T. 21 Keyword advertising and actionable consumer confusion 426 Robert Burrell and Michael Handler 22 Fit for purpose? 3D printing and the implications for design law: opportunities and challenges 445 Dinusha Mendis PART IV COMPETITION AND ENFORCEMENT 23 Competition in digital markets 464 Shubha Ghosh 24 Exhaustion of rights on digital content under EU copyright: positive and normative perspectives 483 Stavroula Karapapa 25 Enforcement in a digital context: intermediary liability 506 Ben Allgrove and John Groom 26 Criminal sanctions as a tool against online infringement: national law, international treaties, transnational cooperation 531 Kimberlee Weatherall 27 Digital tools of intellectual property enforcement: their intended and unintended norm setting consequences 553 Frederick Mostert Index 577

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Book SynopsisImportant and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal with our existential concerns by creating a fully empowered sense of the individual on condition of our subjection to it. David Grant and Lyria Bennett Moses examine the dynamics of each of these ideologies, showing how Technology shares their mythological characteristics. They argue that this new myth has not only dominated science to establish its credentials but, utilising robust empirical evidence, they show how law has been imbued with mythological thinking. Demonstrating that law adopts a mythological approach in attempting to regulate technology, they argue that the pathway out of this mythological maze is to establish a new sense of political, corporate and personal self-responsibility. Students and scholars working in the field of emerging technologies and their relationship to politics, corporations, science, law, ethics, and any combination thereof, will find herein a wealth of new directions for their studies. Legal theorists and legal philosophers in particular will find much food for thought in the presentation of this new paradigm.Trade Review'This is a challenging and sophisticated book, with an original thesis. It is intriguing at many levels: part assessment of the new worlds of modern technologies, part a work of deeply engaged intellectual history, part itself a philosophy of history, part a treatise on the proper relations between law, regulation and technology. Underlying all this is a philosophically deeply grounded plea that we not succumb to ''mythologising'' the new technologies, as we have over ages succumbed to the (successive) mythologies of Deity, State and Market, but take responsibility for our lives. It is a timely, powerful and arresting work.' --Martin Krygier, UNSW Sydney, AustraliaTable of ContentsContents: Introduction 2. The Mythological Trajectory 3. Science and Mythology 4. Attitudes towards Emerging Technologies 5. Gene Technology and the Mythology of the Legislative Process 6. Law and the Trajectory of Myth 7. Conclusion: Technology need not be Mythological Bibliography Index

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Book SynopsisDo conceptions of the Rule of Law reflect timeless truths, or are they in fact contingent on a particular information and communications infrastructure - one that we are fast leaving behind? Hildebrandt has engineered a provocative encounter between law and networked digital technologies that cuts to the heart of the dilemma confronting legal institutions in a networked world.'- Julie E. Cohen, Georgetown University, US'Many contemporary authors are wrestling with two technological developments which will change our society beyond recognition: big data analytics and smart technologies. Few though understand, or can explain, these developments in the way Mireille Hildebrandt does. In ambitiously bringing together legal theory, psychology, social ethnology and of course smart agency and ambient intelligence, Hildebrandt gives the most complete study of these vitally important developments. Books are often described as 'must read' though few actually are; this one genuinely is.'- Andrew Murray, London School of Economics, UKThis timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity.Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called 'data-driven agency' threaten privacy, identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Nevertheless, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the Rule of Law.Academics and researchers interested in the philosophy of law and technology will find this book both discerning and relevant. Practitioners and policy makers in the areas of law, computer science and engineering will benefit from the insight into smart technologies and their impact today.Trade Review‘Hildebrandt’s book is thought-provoking and a needed contribution to discussions of the impacts of smart technologies.’ -- Beth-Anne Schuelke-Leech, Science and Public Policy‘In this challenging book, Mireille Hildebrandt again shows just how far she thinks ahead of the curve. Exploring the implications of the technological changes that are impelling humans towards an “onlife” world – a world of data-driven agency, the Internet of Things, and a radically different information and communication infrastructure –Hildebrandt asks how law can maintain its mission for justice, certainty and purposiveness. Having joined Hildebrandt in this new world, readers will find it difficult to put the book down.’ -- Roger Brownsword, Kings College London, UK‘In sum, the depth and precision with which Hildebrandt provides her insights is uncommon and striking, making this book (as law professor Andrew Murray remarks in his rear-cover endorsement) one of the few “must reads” within the field. Its content is provocative and challenging, having an appeal that is sure to reach far beyond the field of legal scholarship to accompanying disciplines of computing, science and philosophy from which the book draws. Likewise, it is clear that Hildebrandt benefits from working between the disciplines of law and computer science, with her experience in computer science departments evident in the way in which she sensitively translates between, and explores, the separate logics of law and technology.’ -- SCRIPT-ed‘Do conceptions of the Rule of Law reflect timeless truths, or are they in fact contingent on a particular information and communications infrastructure – one that we are fast leaving behind? Hildebrandt has engineered a provocative encounter between law and networked digital technologies that cuts to the heart of the dilemma confronting legal institutions in a networked world.’ -- Julie E. Cohen, Georgetown University, US‘Many contemporary authors are wrestling with two technological developments which will change our society beyond recognition: big data analytics and smart technologies. Few though understand, or can explain, these developments in the way Mireille Hildebrandt does. In ambitiously bringing together legal theory, psychology, social ethnology and of course smart agency and ambient intelligence, Hildebrandt gives the most complete study of these vitally important developments. Books are often described as “must read” though few actually are; this one genuinely is.’ -- Andrew Murray, London School of Economics, UK‘Mireille Hildebrandt’s deep perception of how law is embedded in a print culture, now combined with her conviction that transformations are called for in relation to the emerging digital-electronic culture underlies this innovative book. Both a philosopher and lawyer, she is a forefront thinker concerned with smart and robotic technologies. Her addition of how Japanese language and culture shows such an interesting variant on these technologies is a strong plus. Excellent reading.’ -- Don Ihde, Stony Brook University, US‘Hildebrandt’s book is thought-provoking and a needed contribution to discussions of the impacts of smart technologies. It would certainly be useful for a university course in law or courses specifically focused on smart and autonomous systems.’ -- Science and Public PolicyTable of ContentsContents: 1. Introduction: Diana’s onlife world 2. Smartness and Agency 3. The Onlife World 4. The Digital Unconscious: Back to Diana 5. Threats to Fundamental Rights in the Onlife World 6. The Other Side of Privacy: Agency and Privacy in Japan 7. The Ends of Law: Address and Redress 8. Intricate Entanglements of Law and Technology 9. The Fundamental Right of Data Protection 10. The End of Law or Legal Protection by Design References Index

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Book SynopsisEU Telecommunications Law provides a comprehensive overview of the current European regulatory framework as it applies to telecommunications and examines the challenges facing regulators in this sector. Key chapters focus on the selection of appropriate regulatory models that serve to encourage effective investment in next-generation networks and ensure their successful deployment.Andrej Savin provides an up to date overview of all the relevant sources, guiding the reader through these disparate materials in a simple and systematized way. In particular, the book provides analysis of the 2016 proposal for a European Electronic Communications Code (EECC). Using the 2009 Regulatory Framework on electronic communications as a basis the author analyses each of the 2009 framework’s five main directives, comparing them with the changes proposed in the EECC.Providing a comprehensive introduction to the main areas of EU telecoms regulation, this book will be of great value to telecoms and IT lawyers. It will also appeal to academics carrying out research in IT law or competition law as it relates to IT and telecoms.Trade Review'This book's content and coverage provide for a thorough interpretation of the legal structure of telecommunications regulation in the EU. Its accessibility is demonstrable and the quality of the presentation assures the readership of the book's didactic and informative value. It is very topical, extremely well produced and offers a one-shop stop in EU telecommunications taw to academics, researchers and practitioners.' --Christopher Bovis, University of Hull, UKTable of ContentsContents: Preface 1. Regulating Telecommunications in the EU 2. The Development of EU Telecommunications Policy 3. The Legal Framework for Telecommunications Regulation in the EU 4. Competition and Telecommunications 5. Regulation of Market Entry - Authorisation and Spectrum Policy 6. Access and Interconnection 7. Universal Service 8. Consumer Protection 9. Regulating Television 10. Policy Controversies 11. Data Protection and Cybersecurity 12. Concluding Remarks

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Book SynopsisThis topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation. Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN's contractual framework regulates the registration and use of domain names and argues that ICANN's regulatory authority ought to be clarified in order to avoid regulatory overreach. Uniquely comprehensive, this book will appeal to students and scholars with an interest in Internet governance, domain name law and transnational private regulation. Practitioners working in the domain name industry will also find this a valuable resource.Trade Review'Tobias Mahler's book Generic Top-Level Domains is a highly important contribution to the newly developing concept of transnational private regulation. The alteration and expansion of the domain name space since 2012 merit the given deep analysis of the globally applicable rules pertaining to an emerging class of legal sources and of the changing property and contract rights notions. The book convincingly also pleads for the implementation of a more elaborated ICANN arbitration system.' --Rolf H. Weber, University of Zürich, Switzerland'This study by Tobias Mahler is a sophisticated, highly recommended piece of research. It describes the whole universe of ICANNs theories and their role in establishing new gTLDs. With his broad knowledge and expertise in information law, Tobias Mahler capably defines new problems related to the regulation of gTLDs. Everyone who is interested in Internet governance definitely needs to buy this masterpiece of research.' --Thomas Hoeren, University of Muenster, GermanyTable of ContentsContents: PART I ICANN AND GENERIC TOP-LEVEL DOMAINS 1. Introduction 2. A global ‘private’ regime governing the Domain Name System (DNS) 3. The Internet Corporation for Assigned Names and Numbers (ICANN) on a path toward a constitutional system 4. The 2012 generic Top-Level Domain (gTLD) programme PART II THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) AS A TRANSNATIONAL REGULATOR 5. Transnational private regulation 6. The Internet Corporation for Assigned Names and Numbers’ (ICANN’s) regulatory authority PART III PROPERTY RIGHTS AND COMPETITION IN THE DOMAIN NAME MARKET 7. Property rights in generic Top-Level Domains (gTLDs) 8. Market regulation PART IV THE PROCEDURE FOR ALLOCATING GENERIC TOP-LEVEL DOMAIN (GTLD) RIGHTS 9. The application process 10. Expert determinations and procedural fairness PART V REGULATING DOMAIN NAME REGISTRATION AND USE 11. ‘Public interest’ regulation 12. Regulated non-use of domain names 13. Concluding remarks Bibliography Index

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Book SynopsisThis timely Research Handbook contains an analysis by leading scholars and practitioners of various legal questions concerning cyberspace and cyber activities. Comprehensive and thorough, it succeeds in mapping out the range of international rules that apply to cyberspace and to specific cyber activities, assesses their regulatory efficacy and offers insightful suggestions, where necessary, for revised standards.Contributors examine the application of fundamental international law principles to cyberspace such as the principle of sovereignty, jurisdiction, state responsibility, individual criminal responsibility, human rights and intellectual property rights. They explore the application of international rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and to cyber war. They deal with the meaning of cyber operations, the ethics of cyber operations as well as with cyber deterrence. Finally, they comment on the cyber security policies of international and regional institutions such as those of the United Nations, the European Union, NATO and of Asian-Pacific institutions.This Research Handbook will benefit scholars in the fields of international law, international relations, public and private law. Researchers will find the suggested future research avenues in this field invaluable whilst policy-makers and practitioners will gain fresh insights into topical issues concerning the regulation of cyberspace and of cyber activities.Contributors: K. Ambos, C. Antonopoulos, L. Arimatsu, K. Bannelier-Christakis, R. Buchan, P. Ducheine, D.P. Fidler, C. Focarelli, T.D. Gill, K. Heath, C. Henderson, P. Kastner, U. Kohl, F. Mégret, E. Myjer, H. Nasu, A. Rahmatian, M. Roscini, N.C. Rowe, B. Saul, M. Schmitt, H. Trezise, N. Tsagourias, D. Turns, R.A. Wessel, K. ZiolkowskiTrade Review'Overall, the Handbook will appeal to national security professional, advanced law students, and to international lawyers more generally. The volume is rich in references, as a handbook should be. Among criminologists, it merits the attention of those interested in transnational crime, cyber crime, and state crime. Trans-national cyber crime specialists would be attracted to the chapters relating to jurisdiction and to regional cooperation efforts. . . International lawyers and cyber security specialists will find this a useful collection of timely analyses. The Handbook thus complements the Tallinn Manual on the International Law applicable to Cyber Warfare, and is a useful port of call for those preparing themselves for 21st century conflict. There seems little doubt that the problems identified in the volume are likely to remain on the public agenda and indeed, to intensify, in the months ahead.' --Peter Grabosky, Criminal Law and Criminal Justice BooksTable of ContentsContents: Introduction PART I CYBERSPACE AND GENERAL PRINCIPLES OF INTERNATIONAL LAW 1. The Legal Status of Cyberspace Nicholas Tsagourias 2. Jurisdiction in Cyberspace Uta Kohl 3. State Responsibility in Cyberspace Constantine Antonopoulos 4. Cyberspace and Intellectual Property Rights Andreas Rahmatian 5. Cyberspace and Human Rights David P. Fidler 6. International Criminal Responsibility in Cyberspace Kai Ambos PART II CYBER THREATS AND INTERNATIONAL LAW 7. Cyber Terrorism Ben Saul and Kathleen Heath 8. Cyber Espionage and International Law Russell Buchan 9. International Legal Dimensions of Cybercrime Philipp Kastner and Frédéric Mégret PART III CYBER ATTACKS AND THE JUS AD BELLUM 10. The Notion of Cyber Operations Paul Ducheine 11. Cyber Operations as a Use of Force Marco Roscini 12. Self-Defence in Cyberspace Carlo Focarelli 13. Some Thoughts on Cyber Deterrence and Public International Law Eric Myjer PART IV CYBERWAR AND THE JUS IN BELLO 14. Distinctive Ethical Challenges of Cyberweapons Neil C. Rowe 15. Classifying Cyber Warfare Louise Arimatsu 16. Is the Principle of Distinction Still Relevant in Cyberwarfare? Karine Bannelier-Christakis 17. International Humanitarian Law Applied to Cyber-Warfare: Precautions, Proportionality and the Notion of “Armed” under the Humanitarian Law of Armed Conflict Terry D. Gill 18. Cyber War and the Law of Neutrality David Turns PART V REGIONAL AND INTERNATIONAL APPROACHES TO CYBER SECURITY 19. Towards EU Cybersecurity: Regulating a New Policy Field Ramses A. Wessel 20. NATO and Cyber Defence Katharina Ziolkowski 21. Cyber Security in the Asia-Pacific Hitoshi Nasu and Helen Trezise 22. The United Nations and the Regulation of Cyber-Security Christopher Henderson Index

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Book SynopsisThe field of artificial intelligence has made tremendous advances in the last few decades, but as smart as AI is now, it is getting exponentially smarter and becoming more autonomous in its actions. This raises a host of challenges to current legal doctrine, including whether the output of AI entities should count as 'speech', the extent to which AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered an independent agent and responsible for its actions under the law of tort or agency. Containing chapters written by leading U.S., EU, and International law scholars, the Research Handbook presents current law, statutes, and regulations on the role of law in an age of increasingly smart AI, addressing issues of law that are critical to the evolution of AI and its role in society. To provide a broad coverage of the topic, the Research Handbook draws upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly smart AI systems, and a discussion of jurisdiction for AI entities that will not be 'content' to stay within the geographical boundaries of any nation state or be tied to a particular physical location. Using numerous examples and case studies, the chapter authors discuss the political and jurisdictional decisions that will have to be made as AI proliferates into society and transforms our government and social institutions. The Research Handbook will also introduce designers of artificially intelligent systems to the legal issues that apply to the make-up and use of AI from the technologies, algorithms, and analytical techniques. This essential guide to the U.S., EU, and other International law, regulations, and statutes which apply to the emerging field of 'law and AI' will be a valuable reference for scholars and students interested in information and intellectual property law, privacy, and data protection as well as to legal theorists and social scientists who write about the future direction and implications of AI. The Research Handbook will also serve as an important reference for legal practitioners in different jurisdictions who may litigate disputes involving AI, and to computer scientists and engineers actively involved in the design and use of the next generation of AI systems.Contributors include: W. Barfield, S. Bayern, S.J. Blodgett-Ford, R.G.A. Bone, T. Burri, A. Chin, J.A. Cubert, M. de Cock Buning, S. De Conca, S-.A. Elvy, A. Ezrachi, R. Leenes, Y. Lev-Aretz, A.R. Lodder, R.P. Loui, T.M. Massaro, L.T. McCarty, J.O. McGinnis, F. Moslein, H. Norton, N. Packin, U. Pagallo, S. Quattrocolo, W. Samore, F. Shimpo, M.E. Stucke, R. van den Hoven van Genderen, L. Vertinsky, A. von Ungern-Sternberg, J.F. Weaver, Y-.H. Weng, I. WildhaberTable of ContentsContents: Forward: Curtis E. A. Karnow Part I Introduction to Law and Artificial Intelligence 1. Towards a Law of Artificial Intelligence Woodrow Barfield 2. Accelerating AI John O. McGinnis 3. Finding the Right Balance in Artificial Intelligence and Law L. Thorne McCarty 4. Learning Algorithms and Discrimination Nizan Packin and Yafit Lev-Aretz 5. The Principal Japanese AI and Robot Strategy and Research Toward Establishing Basic Principles Fumio Shimpo Part II Regulation of Artificial Intelligence 6. Artificial Intelligence and Private Law Shawn Bayern 7. Regulation of Artificial Intelligence John Frank Weaver 8. Legal Personhood in the Age of Artificially Intelligent Robots Robert van den Hoven van Genderen 9. Autonomous Driving: Regulatory Challenges Raised by Artificial Decision-Making and Tragic Choices Antje von Ungern-Sternberg Part III Fundamental Rights and Constitutional Law Issues 10. Artificial Intelligence and Privacy- AI Enters the House Through the Cloud Ronald Leenes and Silvia De Conca 11. Future Privacy: A Real Right to Privacy for Artificial Intelligence S. J. Blodgett-Ford 12. Artificial Intelligence and the First Amendment Toni M. Massaro and Helen Norton 13. Data Algorithms and Privacy in Surveillance: On Stages, Numbers, and the Human Factor Arno R. Lodder and Ronald P. Loui 14. The Impact of AI on Criminal Law, and its Twofold Procedures Ugo Pagallo and Serena Quattrocolo Patrt IV Intellectual Property 15. The Law of Artificial Intelligence Intellectual Property Jeremy A. Cubert and Richard G. A. Bone 16. Kinematically Abstract Claims in Surgical Robotics Patents Andrew Chin 17. Artificial Intelligence and the Patent System: Can a New Tool Render a Once Patentable Idea Obvious? William Samore 18. Thinking Machines and Patent Law Liza Vertinsky 19. Artificial Intelligence and the Creative Industry: New Challenges for the EU Paradigm for Art and Technology by Autonomous Creation Madeleine de Cock Buning Part V Applications of Artificial Intelligence 20. Free Movement of Algorithms: Artificially Intelligent Persons Conquer the European Union’s Internal Market Thomas Burri 21. The Artificially Intelligent Internet of Things and Article 2 of the Uniform Commercial Code Stacy-Ann Elvy 22. Artificial Intelligence and Robotics, the Workplace, and Workplace-Related Law Isabelle Wildhaber 23. Robotics Law 1.0: On Social System Design for Artificial Intelligence Yueh-Hsuan Weng 24. Antitrust, Algorithmic Pricing and Tacit Collusion Maurice E. Stucke and Ariel Ezrachi 25. Robots in the Boardroom: Artificial Intelligence and Corporate Law Florian Möslein Index

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