Digital, IT and Communications law Books

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Book SynopsisKonstantina Bania is a Partner at Geradin Partners and Lecturer in law at the University of Sheffield, UK. Damien Geradin is the Founding Partner of Geradin Partners and Professor of Competition Law and Economics at Tilburg University, the Netherlands.

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Book SynopsisThe federal government spends more than $80 billion each year on information technology (IT) investments; in FY2017 that investment is expected to increase to more than $89 billion. Historically, the projects supported by these investments have often incurred "multi-million dollar cost overruns and years-long schedule delays." In addition, they may contribute little to mission-related outcomes and, in some cases, may fail altogether. These undesirable results "can be traced to a lack of disciplined and effective management and inadequate executive-level oversight." The Federal Information Technology Acquisition Reform Act (FITARA) was enacted on December 19, 2014, to address these issues and codify existing initiatives managed by the Federal Chief Information Officer (CIO).

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Book Synopsis"There is little dispute that the Internet should continue as an open platform," notes the Federal Communications Commission. Yet in a curious twist of logic, the FCC has moved to upend the rules yielding that outcome, imposing "network neutrality" regulations on broadband-access providers. The new mandates purport to prevent Internet "gatekeepers" by prohibiting networks from favoring certain applications. In this comprehensive Broadside, Thomas W. Hazlett explains the faulty economic logic behind the FCC's regulations. The "open Internet"--thriving without such mandates--allows consumers, investors, and entrepreneurs to choose the best platforms and products, testing rival business models. Networks are actively (and efficiently) involved in managing traffic and promoting popular applications, making the entire ecosystem more valuable. This is a spontaneous market process, not a planned structure, and the commission's restrictions threaten to stifle innovation and economic growth.

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Book SynopsisHow should you respond to a request to remove copyrighted materials from a Facebook page? If you create a Twitter handle at work, who owns that handle when you change jobs? Can you be sued for libel if your posts are defamatory? If you’ve ever asked yourself these kinds of questions, this pioneering legal handbook is for you.Despite the enormous growth in social media, scant legal advice is available to help the many people who are posting online. Easy-to-understand, comprehensive, and current, Legal Guide to Social Media provides the latest information on case law and statutes. It covers everything from privacy laws to copyright issues to how to respond to employers’ requests for your social media passwords. This plain English legal companion offers examples of and solutions to the kinds of situations you can expect to encounter when posting online content, whether for personal enjoyment or on behalf of an employer. You’ll learn how to avoid liability for defamation and third-party posts, the legalities of copying and linking to content, how to protect your own content, and much, much more. Whether you’re a marketer, entrepreneur, business owner, new media manager, or simply one of the millions of social media users in the United States, this must-have guide will help you to understand and mitigate the most common legal risks inherent in social media use.

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Book SynopsisThe international battle against Internet pirates has been heating up. Increasingly law enforcement is paying attention to book piracy as ebook publishing gains an ever-larger market share. With this threat to their health and even survival, publishers and authors must act much like the music, film, and software giants that have waged war against pirates for the past two decades. Now, The Battle against Internet Piracy opens a discussion on what happens to the victims of piracy. Drawing from a large number of interviews—from writers, self-publishers, mainstream publishers, researchers, students, admitted pirates, free speech advocates, attorneys, and local and international law enforcement officials—the text speaks to such issues as:•Why pirates have acted and how they feel about it•The conflict over constitutional rights and piracy•The current laws surrounding Internet piracy•Examples of cases taken against some pirates•Alternatives to piracy•Personal experiences of being ripped off•The ways piracy affects different industries and how they’ve respondedAuthor Gini Graham Scott prepares readers to arm themselves against these modern perils by learning about copyright, infringement, and how to prevent, combat, and end book piracy.Allworth Press, an imprint of Skyhorse Publishing, publishes a broad range of books on the visual and performing arts, with emphasis on the business of art. Our titles cover subjects such as graphic design, theater, branding, fine art, photography, interior design, writing, acting, film, how to start careers, business and legal forms, business practices, and more. While we don't aspire to publish a New York Times bestseller or a national bestseller, we are deeply committed to quality books that help creative professionals succeed and thrive. We often publish in areas overlooked by other publishers and welcome the author whose expertise can help our audience of readers.

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Book SynopsisLearn how to navigate the ins and outs of the law and social media. How should you respond to a request to remove copyrighted materials from a Facebook page? If you create a Twitter username at work, who owns the username when you change jobs? Can you be sued for libel if someone thinks your posts are defamatory? If you’ve ever asked yourself these kinds of questions, this pioneering legal handbook is for you. Despite the enormous growth in social media usage by businesses and influencers, very little has been written about the laws affecting their activities. In this new edition of the Legal Guide to Social Media, Kimberly A. Houser, law professor and tech attorney, explains the potential pitfalls and how to avoid them including what social media influencers could have done to protect themselves from the lawsuits resulting from the Fyre Festival debacle. Easy-to-understand, comprehensive, and up-to-date, the Legal Guide to Social Media, Second Edition provides the latest information on case law and statutes. It covers everything from privacy laws to the legal considerations in setting up a page or website as well as new governmental regulations. This plain English legal companion offers examples of and solutions to the kinds of situations you can expect to encounter when posting online content, whether for yourself, your own business, or on behalf of your client’s business. You’ll learn how to avoid liability for defamation and third-party posts, how to protect your own content, the unique legal issues surrounding social media in the workplace, and much, much more. The new edition covers new state regulations on privacy, data security and advertising; how to avoid intellectual property infringement actions; and the newer legal risks for influencers.

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Book Synopsis“Cybersecurity remains a top concern in the legal profession. A data breach is a question of when, not if. Lawyers must take steps to protect their own security and privacy, as well as that of their clients. The ABA Cybersecurity Handbook is a vital desk-side resource to help lawyers understand the nature of the threat, protect their practices and their clients’ confidential information and intellectual property, and comply with ever-changing legal rules.” —Reggie Turner, President, American Bar Association This third edition of The ABA Cybersecurity Handbook updates and expands upon the issues raised in the first two editions. The cybersecurity landscape has undergone seismic changes since the publication of the second edition in 2017. The COVID-19 pandemic has brought new levels of technology integration to the practice of law, accompanied by new and expanded cybersecurity risks. Beyond the legal profession, the SolarWinds, Kaseya, and Colonial Pipeline breaches have set new and alarming precedents. Heightened cybersecurity risk worldwide has prompted increased responses from the US federal government and from the international community. Amid these ongoing developments, the Handbook is at your fingertips as a guide to preparing for and responding to cybersecurity threats and incidents. The foundational information it shares will remain relevant even in a changing environment. The recommendations within each chapter, located at the end, provide an easy guide for developing and implementing an effective cybersecurity program, including building the understanding of lawyers’ legal and ethical obligations to provide effective provide data security. The Handbook covers a wide array of topics and provides a comprehensive look not only at the threat developments of the past few years, but also at the trends that have been established in cybersecurity. The Handbook addresses concerns and provides recommendations for several different types of legal practices—small firms and large ones, government lawyers and in-house counsel. Overall best practices are developed and shared throughout the Handbook. As the cybersecurity landscape continues to evolve, the Handbook will be an indispensable reference for you and your practice.

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Book SynopsisWhile there are many books about cybersecurity, data privacy and related issues, there are very few, if any, books about cyber insurance. A Practical Guide to Cyber Insurance for Businesses, fills that void and provides a practical look at cyber insurance for different types of businesses. This book is divided into two parts. The first eight chapters focus on the development of cyber insurance and various aspects and elements of cyber insurance that affect all industries, including how cyber insurance interacts with other commercial insurance coverage. Chapters nine through twenty-five take a closer look at the cyber risks and cyber insurance coverage needs for specific industries. In this way, the unique characteristics of each industry segment are highlighted and a review of cyber insurance for that industry segment is more focused. While not every possible industry segment is covered, the broadness of the industries covered should provide guidance to any business.

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Book SynopsisCanadian Communication Policy and Lawprovides a uniquely Canadian focus and perspective on telecommunications policy, broadcasting policy, internet regulation, freedom of expression, censorship, defamation, privacy, government surveillance, intellectual property, and more. Taking a critical stance, Sara Bannerman draws attention to unequal power structures by asking the question, whom does Canadian communication policy and law serve?Key theories for analysis of law and policy issues—such as pluralist, libertarian, critical political economy, Marxist, feminist, queer, critical race, critical disability, postcolonial, and intersectional theories—are discussed in detail in this accessibly written text. From critical and theoretical analysis to legal research and citation skills, Canadian Communication Policy and Law encourages deep analytic engagement. Serving as a valuable resource for students who are undertaking research and writing on legal topics for the first time, this comprehensive text is well suited for undergraduate communication and media studies programs.Features: Includes a practical chapter on how to do legal and policy research and how to cite legal sources Contains in-text pedagogy including suggested readings and a comprehensive glossary.

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Book SynopsisThis comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the relevant legal frameworks and gives examples from actual cases. New material in this edition include chapters on GDPR, cyber security, cloud computing contracts and Agile.Trade Review'A tour de force in taking readers through complex IT law issues in clear, easy to understand fashion. From IT contracts to IP and data protection law, this book is bang up to date with the latest changes in one of the most fast moving fields.' -- Susan Singleton * IT Lawyer, Singletons Solicitors *'An engaging book, equally accessible to those from an IT, legal or business background… brings to life by application what might sometimes be dry areas. I learnt from it, and the learning was enjoyable.' -- Professor Angela Devereux * Director of Professional Practice, Hillary Rodham School of Law at Swansea University *'The Swiss Army knife of IT Law, this is like having 13 separate essential guides in one book, each independent but linked to the core topic of IT Law and how to interpret and navigate it, giving you common sense advice and approaches for everyday use. An essential part of anyone’s bookshelf.' -- Peregrine R Perrott * Global Head of Commercial, Compliance and Regulatory, Faria Education Group *'A handy book for CISOs, legal professionals with no technology background, CIOs, and others who need to be aware of the legal, technology, and cybersecurity intersections.' -- Wessam Maher * Chief Information Security and Risk Officer, The American University in Cairo *'This insightful book cuts across the jargon and legalese and presents the essential information needed to gain a basic understanding of IT Law in key areas.' -- Sonal Khimji LLB FIP CIPM CIPP/E * Freelance DPO and Head of Legal, Omnigov Limited *'As a member of a university in-house legal team I know this book will be well-thumbed in no time. The pace of digital change makes practical help of precisely this kind essential to our sanity in a busy generalist in-house practice.' -- Joanna Rainbow * In-house counsel, York University, Toronto *Table of Contents IT Contracts Cloud Computing Cloud Computing Contracts Intellectual Property Law for Computer Users Cyber Security GDPR and Data Protection Data Protection in Practice IT in the workplace - Protecting the employer Avoiding Employment Problems Open Source Software Agile Setting Up Joint Ventures Resolving Disputes

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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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