Digital, IT and Communications law Books

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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Book SynopsisAgainst the backdrop of the recent trend towards mega-regional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation.With contributions from leading scholars in the field, this book presents a collaborative effort to map out the new dynamics shaped by scientific and technological advances and corresponding regulatory approaches. Starting with the trend of regulatory cooperation, the book focuses on prominent fields in international trade, information technology, energy, and public health. The final section reflects upon the position of intellectual property rights, a key concern in cross-border trade. This work is the first of its kind to give a timely review and assessment of the most critical challenges facing policymakers and academics in the newest wave of transformation in global trade governance.The book will appeal to academics who are researching in international economic law, technology law and policy, and political science. Practitioners and policy makers who are active in the field of international trade will also find great value in this work.Contributors include: W.-M. Choi, S.-J. Feng, M.-Z. Gao, B. Hazucha, C.-F. Lin, H.-W. Liu, C.-F. Lo, P. Mavroidis, B. Mercurio, Y. Naiki, S.-Y. Peng, S. Shadikhodjaev, R.H. Weber, M. Wu, P. YuTrade Review'This book provides a penetrating analysis of the timeliest issues in the context of WTO and megaregionalism: how to govern science and technology under the dynamic international economic order. With experts offering scholarly examination of contemporary challenges, this book proves to be a critical and constructive contribution to the field.' --Gabrielle Marceau, President of SIEL, Senior Counsellor at the WTOTable of ContentsContents: Part I Introduction 1. Governing Science and Technology in the Era of Megaregionals Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin 2. Regulatory Cooperation in the WTO: Why it Matters Now? How Could it be Achieved? Petros C. Mavroidis Part II Trade in ICT Goods and Services 3. Free Flow of Data and Digital Trade from an EU Perspective Rolf H. Weber 4. Lessons from the TPP Regulatory Coherence Chapter: The Laws Governing Unsolicited Commercial Electronic Messages as a Case Study Shin-Yi Peng 5. Export Policies, Technology Controls, and Investment Reviews: How States Compete in the Era of Global High-tech Value Chains. Mark Wu 6. China Standard Time: The Boundary of Techno-Nationalism in Megaregionals Han-Wei Liu, Part III Environmental and Energy Policy 7. Trade and Biological Diversity Governance in the Age of Megaregionalism Won-Mog Choi 8. Regulation of Renewable Energy Trade in the Megaregionals Era: Current Issues and Prospects for Rule-Making Reforms Sherzod Shadikhodjaev 9. The Promotion of Renewable Electricity Technology in the Mega-RTA Era: The Preliminary Evaluation of the Potential Effects on Regulatory Convergence or Divergence Anton Ming-Zhi Gao Part IV. Food Safety and Public Health 10. Food and Product Safety Issues in the TPP Yoshiko Naiki 11. Megaregional Transformation of Global Food Safety Governance: Normative Roots and Ramifications Ching-Fu Lin 12. How are Package-related Food Safety Issues Addressed in the TPP? Chang-Fa Lo Part V Intellectual Property Rights 13. TPP, RCEP, and the Crossvergence of Asian Intellectual Property Standards Peter K. Yu 14. International Harmonization with Regulatory Competition: A Case of Intellectual Property Law Branislav Hazucha 15. Harmonization without Localization: Trendspotting Pharmaceutical Patent Law in Recent FTAs Bryan Mercurio 16. Internet-Related Unfair Competition: The Impact of Treaties and Challenges for Mainland Chinese Law and Jurisprudence Shujie Feng Index

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Book SynopsisThis incisive book provides a much-needed examination of the legal issues arising from the data economy, particularly in the light of the expanding role of algorithms and artificial intelligence in business and industry. In doing so, it discusses the pressing question of how to strike a balance in the law between the interests of a variety of stakeholders, such as AI industry, businesses and consumers. Investigating issues at the intersection of trade secrets and personal data as well as the potential legal conflicts to which this can give rise, Gintare Surblyte-Namaviciene examines what kinds of changes to the legal framework the growing data economy may require. Through an analysis of the way in which EU competition law may tackle algorithm-related problems the book also identifies a regulatory gap in the case of algorithmic manipulation in the business-to-consumer relationship. The book further argues that control by public bodies over terms and conditions often used in the data economy may be necessary for the sake of consumer protection. Scholars in competition law and regulatory governance, particularly those with an interest in the impacts of technology, will find this to be critical reading. It will also be beneficial to practitioners and policy makers working at the intersections of regulation and technology.Trade Review‘Gintare Surblyte-Namaviciene asks in her comprehensive book on competition and regulation in the data economy, whether artificial intelligence needs a new balance. How Surblyte-Namaviciene arrives at her conclusion with regard to several different, but yet linked, aspects of regulation becomes clear when delving into her intelligible and thought-provoking analysis. The result is a book that is much worth reading.’ -- Heiko Richter, Journal of Intellectual Property, Information Technology and Electronic Commerce Law'This book brings together a lot of thinking - old and new - to examine legal protections for the fruits of artificial intelligence (AI), demonstrating that not enough thought has been given to how our existing information laws interact and whether increased legal rights in information and data will adversely affect information flows, competition, and privacy. By discussing the details of trade secret and privacy law, and how these areas of law overlap, the book provides valuable insights into the means by which balance can be achieved and why trade secret protection is limited.' --Sharon K. Sandeen, Mitchell Hamline School of Law, US'This monograph presents a fundamental analysis of the four main fields of the data economy - trade secret law, data protection, competition law and consumer protection - and of the links and frictions between them. The author convincingly resists modernist overstating of artificial intelligence that underlies the data economy. Instead, she develops a classic legal framework for fine-tuning the innovation/dissemination incentives for and conflicting interests of innovators, producers, users and consumers of data and data services. The result is a book of highly rewarding reading.' --Hanns Ullrich, Max Planck Institute for Innovation and Competition, Munich, GermanyTable of ContentsContents: 1. Introduction 2. Digital Economy: between human brains and artificial intelligence 3. Trade secret protection for data 4. Data- and algorithm-driven economy: issues for competition? 5. Regulation beyond competition? 6. Conclusions

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Book SynopsisThis fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity.Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes.Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.Trade Review‘While the breath is impressive, the true value of this book is found in the doctrinal chapters, authored by leading experts with clarity, depth and attention to detail. The Handbook is undoubtedly a good resource for anyone interested in the foundational tenets of many areas of information law.’ -- Ann Kristin Glenster, The Cambridge Law Review‘This is a must read for anyone with a keen awareness of the need for a new look at information law and governance. The book as a whole reviews information law from a holistic perspective beyond the traditional realms such as intellectual property, trade secrets, privacy and cybersecurity, providing an excellent coverage of the issues brought forth by accelerated digitalization and interconnectivity in today’s society.’ -- Masabumi Suzuki, Nagoya University, Japan'This approachable title provides essential perspectives on the governance of valuable undisclosed information and data. Written by international experts, the book provides useful insights into complex questions of trade secrets, privacy and cybersecurity law. Their diverse approach to the topic highlights the multifaceted nature of protection of valuable information, underlining the necessity for balance, in times when everything may be digitalized and claimed to be owned.' -- Nari Lee, Hanken School of Economics, FinlandTable of ContentsContents: Introduction ix PART I GENERAL PERSPECTIVES 1 Cyberlaw will die and we will kill it 2 Ira Steven Nathenson 2 Confidentiality creep and opportunistic privacy 28 David S. Levine 3 Disclosure 48 Sharon K. Sandeen PART II EXCLUSIVE RIGHTS IN DATA: THE STATUS QUO AND THE WAY FORWARD 4 Exclusivity in data: How to best combine the patchwork of applicable European legal instruments 69 Herbert Zech 5 Data(base) rights? – misappropriation, property, and tales of trials and tribulations 77 Guido Westkamp 6 Big data in Japan: Copyright, trade secret and new regime in 2018 108 Tatsuhiro Ueno 7 Liability for the loss of data 121 Anette Gärtner PART III TRADE SECRECY LAW: EU, US AND GLOBAL PERSPECTIVES 8 The emergence of a global standard for reasonable efforts? 135 Christoph Rademacher 9 Employer’s liability for trade secret infringement 154 Gintarė Surblytė-Namavičienė 10 The limits of trade secret protection in the EU 174 Tanya Aplin 11 Freedom of the media and trade secrets in Europe 195 Ulla-Maija Mylly 12 The DTSA and trade secret extraterritoriality 217 Elizabeth A. Rowe and Giulia C. Farrior 13 Jurisdiction and choice of law in trade secrets cases: the EU perspective 234 Ansgar Ohly PART IV DATA PROTECTION, PRIVACY AND CYBERSECURITY 14 Data privacy in Europe and its reception under Japanese law 259 Henrike Weiden and Kensaku Takase 15 The right to explanation, explained 278 Margot E. Kaminski 16 An introduction to the California Consumer Privacy Act (CCPA) 300 Eric Goldman 17 Legislative developments on cybersecurity in the EU in the age of artificial intelligence 309 Faye Fangfei Wang Index

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Book SynopsisThis ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. VealeTrade Review'The volume begins with a deep and insightful philosophical dialogue between the editors on AI, conservatism and legal protection, which sets the scene for the wide ranging but complementary chapters that follow. It confronts a set of questions about our data-driven present-future which are at once theoretical and practically urgent. Amongst the now-crowded literature on the political and legal implications of digital technologies, it is rare to encounter writing with such lyricism and verve, by turns whimsical and deadly serious. The chapters present a range of novel conceptual frames, from the algorithmic limbic system to a conservative defence against big data, each of which are bold and imaginative whilst being predicated on existing social and technological practices.' --Reuben Binns, University of Oxford, UK'In a time in which algorithms are pervading communication, culture and social life in increasingly effective ways, theoretical reflection often lags behind. Hildebrandt and O'Hara have succeeded in assembling and coordinating a brilliant collection of observations from different disciplines that, rather than being driven by technology, ambitiously show alternative perspectives. An illuminating read to help us understand and govern the challenges our society is facing.' --Elena Esposito, University of Bologna, Italy and University of Bielefeld, Germany'How should human agents preserve their humanity, their agency, and their valued institutions in their self-created data-driven environments? In this stimulating book - a follow-up to Smart Technologies and the End(s) of Law - readers will find more from Mireille Hildebrandt (in her own right and in conversation with her co-editor, Kieron O'Hara) and more from an impressive team of contributors (spanning law, philosophy, politics, media and computer science). Text is not yet dead; this is a must-read book.' --Roger Brownsword, King's College London and Bournemouth University, UKTable of ContentsContents: Preface xii 1. Introduction: Life and the law in the era of data-driven agency 1 Mireille Hildebrandt and Kieron O’Hara 2. Between the editors 16 Kieron O’Hara and Mireille Hildebrandt PART I 3. Data-driven agency and knowledge 45 Paul Dumouchel 4. The emergent limbic media system 60 Julie E. Cohen 5. Smart technologies and our sense of self: Going beyond epistemic counter-profiling 80 Sylvie Delacroix and Michael Veale 6. Rethinking transparency for the Internet of Things 100 m.c. schraefel, Richard Gomer, Enrico Gerding and Carsten Maple 7. From the digital to a post-digital era? 117 Charles Ess PART II 8. Do digital technologies put democracy in jeopardy? 135 Gerard de Vries 9. In defence of ‘Toma’: Algorithmic enhancement of a sense of justice 156 David Stevens 10. The conservative reaction to data-driven agency 175 Kieron O’Hara and Mark Garnett 11. Artificial intelligence, affordances and fundamental rights 194 Christoph B. Graber 12. Throttling machine learning 214 Paul Ohm 13. In the hall of masks: Contrasting modes of personification 230 Niels van Dijk RESPONSE 14. Life and the law in the era of machine agency 253 Mireille Hildebrandt Index 265

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Book SynopsisIn this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice. Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness. Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.Trade Review‘This is an excellent work. It is well researched, clearly referenced, well written and logically structured. Its arguments are thought provoking. I am certain that some will find some of the author’s positions controversial. This is a good thing; these positions should shake the reader out of any complacency they may have. I thoroughly enjoyed reading this work and would recommend it to others.’ -- Bruce Wardhaugh, European Competition Law Review‘... it is a book that may be referred to as it provides a very useful and valuable compendium of references to the relevant cases and materials on Big Data, and articles and commentaries which have been the subject of considerable discussion for over 10 years.’ -- Tim Cowen, Competition Law JournalTable of ContentsContents: 1. Introduction PART I THEORY ON ABUSE OF DOMINANCE IN DIGITAL MARKETS 2. Introduction to Part I: Theory on Abuse of Dominance in Digital Markets 3. Information in digital markets 4. Characteristics of digital markets and their implications on the assessment of market power 5. Dominance of online platforms 6. Law on abuse of dominance in digital markets PART II REFUSAL TO GIVE ACCESS TO INFORMATION: CASE STUDY OF GOOGLE SEARCH BEHAVIOURS 7. Introduction to Part II: Refusal to Give Access to Information: Case Study of Google Search Behaviours 8. Background on the antitrust investigations into Google 9. Is Google dominant? 10. Contractual restrictions on the portability and management of online search advertising campaigns across Google's AdWords and competing platforms 11. Search bias as an abuse of dominance 12. On the choice of legal procedures and actions for the European Commission in Google Search (Shopping) decision Part III POLICY RECOMMENDATIONS ON ABUSE OF DOMINANCE BY INFORMATION INTERMEDIARIES 13. Introduction to Part III: Policy Recommendations on Abuse of Dominance by Information Intermediaries 14. Intersection between digital markets and competition law. problems and practical solutions 15. Conclusions Index

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Book SynopsisFundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.In this book, expert contributors explore how problems ranging from disinformation to hate speech to copyright violations are framed and tackled though legislation, codes of conduct and judicial interpretation. The chapters discuss positive law developments in the intersection of intermediary liability and rights, considering both the history and current intellectual debates surrounding European and US legislative initiatives. In addition to examining how the European Union and individual European nations regulate speech online, the book also analyses the e-Commerce Directive, the case law of the European Court of Human Rights and principles established under the United Nations. It concludes that content regulation online is best captured by the notion of 'speech curation', involving both private and public actors. Taking a human rights approach to online speech regulation, this timely book will be critical reading for academics and students of law, particularly those with an interest in internet law, information law and human rights. Its exploration of intermediary liability and fundamental rights will also be beneficial for legal practitioners working in online rights protection.Trade Review‘Fundamental Rights Protection Online offers profoundly original insights into critical challenges for internet regulation. Petkova, Ojanen and the contributors call for the EU to overhaul the intermediary liability regime and to demand more responsibility from tech companies. Engaging, provocative and timely, this collection will shape critical policy discussions in the years ahead.' -- Marc Rotenberg, Centre for AI and Digital Policy, Michael Dukakis Institute, US'This volume presents diverse voices and options for addressing the challenges presented by media and business model convergence.' -- Chris Hoofnagle, University of California, Berkeley, US'New technologies of sharing information through online intermediaries can be quite democratizing, as people now have an unprecedented ability to express themselves to a worldwide audience. But there is a dark side to the rise of these technologies: privacy violations, harassment, hate speech, and other insidious dangers have greatly worsened. Fundamental Rights Protection Online is an insightful collection of essays that explores these issues from a European Union fundamental rights perspective. This is an essential volume for understanding how the EU and various member states are addressing intermediaries, free speech, and privacy issues.' -- Daniel J. Solove, George Washington University Law School, USTable of ContentsContents: Foreword: The Challenges of Change 1 Acknowledgments 2 IntroductionPreface: Fundamental Rights Protection Online: Curation v. Regulation? Bilyana Petkova and Tuomas Ojanen 5 Part I: Conceptual Issues 21 1. Metaphors and judicial frame: why legal imagination (also) matters in the protection of fundamental rights in the digital age Oreste Pollicino 21 2. Filter Bubble and Human Rights Christoph Bezemek 34 Part II: The National Law Approach 43 3. ‘What is illegal offline is also illegal online’ –The German Network Enforcement Act 2017 Thomas Wischmeyer 43 4. Protecting Liberal Democracy from Artificial Information: The French Proposal Kamel Ajji 67 5. Mambo Italiano: The Perilous Italian way to ISP liability Marco Bassini 92 6. A Consumer Protection Approach to Platform Content Moderation in the United States Mark MacCarthy 119 Part III: Toward a European Law Approach? 140 7. The scandal of intermediary: Acknowledging the both/and dispensation for regulating hybrid actors Sophie Stalla-Bourdillon and Robert Thorburn 140 8. Intermediaries in the case law of the Court of Justice of the EU: The interplay between liability exemptions and rules on IP protection Alberto Miglio 168 9. Self-Regulation of Fundamental Rights? The EU Code of Conduct on Hate Speech, related initiatives and beyond Teresa Quintel and Carsten Ullrich 182 10. EU proposal for a Directive on Copyright in the Digital Single Market: Compatibility of Draft Article 13 with the EU intermediary liability regime Aleksandra Kuczerawy 205 Part IV: Toward an International Law Approach? 220 11. The Liability of Internet Intermediaries and the European Court of Human Rights Marta Maroni 220 12. A Business and Human Rights Perspective for Internet Intermediaries – The Case for Human Rights Due Diligence Lia Heasman 242 Index

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Book SynopsisComputational Legal Studies offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies. Featuring contributions from a diverse set of experts, this thought-provoking book considers the implications of computationally enabled research and the future trajectory of the field. It discusses how technological, scientific and methodological developments are not only making the traditional practice of law more efficient but are also creating new perspectives on the law and shaping how we understand it. Chapters draw on a range of examples of computational legal research to demonstrate how a wide variety of research methods, including natural language processing, machine learning, agent-based modelling, and network analysis, are transforming the relationship between law and computation. This book will prove to be a stimulating read for legal academics looking for a better understanding of this emerging field and for law students interested in new legal research techniques. It will also be a valuable resource for legal firms and computational social scientists interested in examining how law is adopting computational methods.Trade Review'This book situates computational analysis of law among overlapping research areas and deepens one s sense of the field as vitally distinct. The field is equally transnational and transubstantive, and the legal texts of interest are transmodal (spanning cases, statutes, administrative regulations, and much else). Each chapter reflects all those rich variations, while also highlighting the field s core methods. It is, and will continue to be, an important reference volume for those who hope to produce or consume the best computational legal studies.' --Joseph Scott Miller, University of Georgia, School of Law, US'Long overdue and perfectly timed, this book connects daring ideas with cutting-edge research methods to examine legal developments and legal practices. It is an indispensable companion for those who are interested in the fast-developing world of computational techniques that change the way we understand and practice law. It provides a vital tool to those who wish to explore the basics, the developments, the novelty, the variety, and the implications of these techniques for the new legal and social reality.' --Urska adl, European University Institute, ItalyTable of ContentsContents: The emergence of computational legal studies: an introduction 1 Ryan Whalen 1 Sense and similarity: automating legal text comparison 9 Wolfgang Alschner 2 Computational legal studies, digital humanities, and textual analysis 29 Nina Varsava 3 Computational stylometry: predicting the authorship of investment treaty awards 53 Malcolm Langford, Daniel Behn and Runar Lie 4 Automated classification of modes of moral reasoning in judicial decisions 77 Nischal Mainali, Liam Meier, Elliott Ash and Daniel Chen 5 On dragons, caves, teeth, and claws: legal analytics and the problem of court data access 95 Charlotte S. Alexander and Mohammad Javad Feizollahi 6 Computational legal studies in China: progress, challenges, and future 124 Yingmao Tang and John Zhuang Liu 7 Measuring surveillance chill and other regulatory impacts at scale 146 Jonathon W. Penney 8 Understanding content moderation systems: new methods to understand internet governance at scale, over time, and across platforms 166 Nicolas Suzor 9 Accounting for legal values 190 Kevin D. Ashley 10 Is legal cognition computational? (When will DeepVehicle replace Judge Hercules?) 215 Paul Gowder 11 Rule by rules 238 Michael A. Livermore 12 Purposes and challenges of legal citation network analysis on case law 265 Dafne van Kuppevelt, Gijs van Dijck and Marcel Schaper 13 Needles in a haystack: using network analysis to identify cases that are cited for general principles of law by the European Court of Human Rights 293 Henrik Palmer Olsen and Magnus Esmark 14 Agent-based modeling for legal studies 312 Alex Schwartz 15 Analyzing high volumes of German court decisions in an interdisciplinary class of law and computer science students 328 Janis Beckedorf, Dirk Hartung and Phillip Sittig Index 345

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Book SynopsisIn today's society, the power of someone's reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing. Thus far, influencers have been under scrutiny for not disclosing paid advertising, yet their activity has many more questionable implications. This edited volume combines insights from law, economics, ethics and communication science to reveal these implications and propose new ways in which public bodies, social media companies and citizens ought to relate to influencer marketing. Academics and students of Law, Economics, Ethics and Communication Science will find policy making insights in this collection. In addition, The Regulation of Social Media Influencers will be essential reading for regulators. Contributors include: E. Apa, M. de Cock Bunning, S. de Jans, M. de Veirman, R. Ducato, I. Ebert, C. Fieseler, C. Goanta, L. Hudders, M. Leiser, M. Leszczynska, D. Mangan, G. Newlands, F. Pflücke, O. Pollicino, S. Ranchordás, D. Sindermann, E. van den Abeele, S. van der Hof, G. van Dijck, V. Verdoodt, I. WildhaberTrade Review'Social media influencers are a new object of study. Bringing together experts from different disciplines, this book offers a unique set of lenses to examine the legal, ethical, and broader societal implications of this fascinating phenomenon that is emblematic of today's attention economy. Covering a broad range of pressing issues from consumer protection to labor and speech law, the volume provides both practical insights as well as ''food for thought'' as we reimagine the role of law in the digital age.' --Urs Gasser, Harvard University, USTable of ContentsContents: 1 The regulation of social media influencers: an introduction 1 Catalina Goanta and Sofia Ranchordás PART I SOCIAL MEDIA, FREE SPEECH AND PUBLIC INTEREST 2 Free speech and the right of publicity on social media 22 Ernesto Apa and Oreste Pollicino 3 Life after the European Audiovisual Media Services Directive: social media influencers through the looking-glass 47 Madeleine de Cock Buning 4 An ethical view on influencer marketing – dynamic interaction between individual and economy or a simple data-driven advertising model? 74 Isabel Ebert and Dana Sindermann 5 Child labour and online protection in a world of influencers 98 Valerie Verdoodt, Simone van der Hof and Mark Leiser PART II INFLUENCER MARKETING AT WORK 6 Unravelling the power of social media influencers: a qualitative study on teenage influencers as commercial content creators on social media 126 Marijke De Veirman, Steffi De Jans, Elisabeth Van den Abeele and Liselot Hudders 7 #dreamjob: navigating pathways to success as an aspiring Instagram influencer 167 Gemma Newlands and Christian Fieseler 8 Influencer marketing as labour: between the public and private divide 185 David Mangan PART III CONSUMER DISCLOSURES AND CONTRACT LAW 9 Controlling influencer content through contracts: a qualitative empirical study on the Swiss influencer market 210 Catalina Goanta and Isabelle Wildhaber 10 One hashtag to rule them all? Mandated disclosures and design duties in influencer marketing practices 232 Rossana Ducato PART IV SOCIAL MEDIA AND EMPIRICAL RESEARCH DESIGN 11 Assessing the methodological quality of empirical research on social media influencers 275 Monika Leszczyńska and Gijs van Dijck 12 Making influencers honest: the role of social media platforms in regulating disclosures 299 Felix Pflücke Index 323

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Book SynopsisThis insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights.The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance.This innovative, thought-provoking book will greatly assist legal practitioners, policymakers and government advisers within the fields of international law and privacy. Students and academics will also be provided with a focussed account and in-depth analysis of recent developments in the law around cyber.Trade Review'Dr Watt's monograph provides a timely and much-needed assessment of the role of international human rights law in regulating State-sponsored digital surveillance. In doing so, it offers a thorough, thoughtful and at times provocative analysis of whether and to what extent this legal framework can reconcile the competing interests of privacy and security in the Digital Age.' -- Russell Buchan, University of Sheffield, UK'With State Sponsored Cyber Surveillance, Eliza Watt, distinguished scholar, international law expert, and civil liberties visionary examines the considerable challenge facing the world's democracies--properly balancing the global race to enhanced cyber espionage and cyber surveillance against preserving the rule of law and fundamental freedoms. Dr. Watt illuminates a path to protect privacy, and therefore human dignity and autonomy, against increasingly powerful mass surveillance. This book is a must read for anyone committed to maintaining an international order that protects human rights, and who believes that technology of immense power can be harnessed to support rather than undermine democracy. It is both useful and inspiring, an essential resource for students and strategic leaders alike.' -- Harry Wingo, National Defense University, Washington D.C., US'In a world of ubiquitous surveillance, Eliza Watt's book could not be more timely. Meticulously researched and eloquently written, Eliza Watt offers a compelling examination of whether existing international human rights law is adequately equipped to meet the challenges of the age of cyber surveillance. Revealing a fragmented landscape of disparate standards, Watt dares to imagine how law could do better, whilst cautioning that the process of limiting mass cyber surveillance is likely to be incremental at best. A landmark in the field, this book is required reading for anyone with even a passing interest in the relationship between international human rights law and the surveillance practices of the cyber era.' -- Barrie Sander, Leiden University, The NetherlandsTable of ContentsContents: 1. Introduction: the surveillance, security and privacy paradox 2. Cyber espionage, cyber surveillance, foreign electoral interference and international law 3. The right to online privacy as a customary international law rule 4. The principle of non-discrimination and the extraterritorial application of human rights treaties 5. Treaty-based privacy protection – interference 6. Treaty-based privacy protection – justifications 7. International law and the future of mass surveillance 8. Conclusion Index

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Book SynopsisA New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services.This timely book argues that intermediary liability for copyright infringement should be focused on an intermediary’s actual responsibility for primary infringement and not simply its capacity to assist copyright owners in challenging infringement. Drawing on long-standing principles in the law of negligence, Kylie Pappalardo argues for a brand-new way to understand intermediary copyright liability and offers a means to distinguish innocent and responsible intermediaries at an early stage. Pappalardo reasons that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they have real and actual control over the actions of primary infringers.With astute consideration of the links between tort law and copyright, this book will be a compelling read for copyright scholars and researchers interested in intellectual property and technology law. Judges, lawyers and policymakers looking for guidance on how to define intermediary liability for copyright infringement will also find helpful direction in this book.Trade Review‘Kylie Pappalardo provides a compelling and articulate legal argument for reconsidering allocation of liability of online platforms for copyright infringement. Intermediary liability is an urgent public concern that needs adequate policy solutions as overenforcement might impact negatively upon users’ fundamental rights online. 'A New Framework for Intermediary Liability' deserves immediate attention by lawmakers, judges, scholars, and the public alike.’ -- Giancarlo Frosio, Queen's University BelfastTable of ContentsContents: 1. Introduction to intermediary copyright liability 2. Responsibility theory 3. Causation: grounding a duty to act 4. Control in the absence of causation 5. Breaching the duty to minimize the risk of infringement: the negligence calculus 6. Copyright harm 7. Industry codes of practice and reliance liability 8. Conclusion Index

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Book SynopsisThis revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.More specifically, contributors explore the application of general concepts and principles to cyberspace such as those of sovereignty, power, norms, non-intervention, jurisdiction, State responsibility, human rights, individual criminal responsibility and international investment law and arbitration. Contributors also examine how international law applies to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war as well as the meaning of cyber operations, cyber deterrence and the ethics of cyber operations. In addition, contributors consider how international and regional institutions such as the United Nations, the European Union, NATO and Asia-Pacific institutions and States such as China and Russia approach cyber security and regulation.This Research Handbook is an essential resource for scholars of international law, international relations and public and private law as well as for legal practitioners and policymakers.Trade 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 textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.Table of ContentsContents: 1. Introduction 2. Overview of Distributed Ledger Technology and Terminology 3. The Regulation of Virtual Currency Businesses 4. Fundraising and Securities 5. Offers and Sales of Tokens Under U.S. Securities Laws 6. Smart Contracts 7. The Taxation of Digital Assets 8. Virtual Currency and Criminal Law Index

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Book SynopsisThis textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.Table of ContentsContents: 1. Introduction 2. Overview of Distributed Ledger Technology and Terminology 3. The Regulation of Virtual Currency Businesses 4. Fundraising and Securities 5. Offers and Sales of Tokens Under U.S. Securities Laws 6. Smart Contracts 7. The Taxation of Digital Assets 8. Virtual Currency and Criminal Law 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 SynopsisIn a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights.An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression.This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski, G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B. Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L. Jasmontaite, R.F. Jørgensen, C. Kavanagh, M.C. Kettemann, D. Korff, G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G. Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T. Wetzling, M. ZalnieriuteTable of ContentsContents: Part I Conceptual Approaches to Human Rights and Digital Technology 1. Human Rights Futures for the Internet M.I. Franklin 2. There Are No Rights ‘in’ Cyberspace Mark Graham 3. Beyond national security, the emergence of a digital reason of state(s) led by transnational Guilds of Sensitive Information. The case of the Five Eyes Plus Network Didier Bigo 4. Digital Copyright and Human Rights: Balancing of Competing Obligations, or Is There No Conflict? Benjamin Farrand Part II Security and Human Rights: Between Cybersecurity and Cybercrime 5. Cybersecurity and Human Rights Myriam Dunn Cavelty and Camino Kavanagh 6. Cybercrime, Human Rights and Digital Politics Dominik Brodowski 7. “This is Not a Drill”: International Law and Protection of Cybersecurity Mathias C. Kettemann 8. First Do No Harm: The Potential of Harm Caused to Fundamental Rights and Freedoms by State Cybersecurity interventions Douwe Korff Part III Internet Access and Surveillance: Assessing Human Rights in Practice 9. Access to the Internet in the EU: a Policy Priority, a Fundamental, a Human Right, or a Concern of eGovernment? Lina Jasmontaite and Paul de Hert 10. Reflections on Access to Internet in Cuba as a Human Right Raudiel F. Peña Barrios 11. Surveillance Reform: Revealing Surveillance Harm and Engaging Reform Tactics Evan Light and Jonathan A. Obar 12. Germany’s Recent Intelligence Reform revisited: A Wolf in Sheep’s clothing? Thorsten Wetzling Part IV Automation, Trade and Freedom of Expression: Embedding Rights in Technology Governance 13. Liability and Automation in Socio-Technical Systems Giuseppe Contissa and Giovanni Sartor 14. Who pays? - On Artificial Agents, Human Rights and Tort Law Tim Engelhardt 15. Digital Technologies, Human Rights and Global Trade? Expanding export controls of surveillance technologies in Europe, China and India Ben Wagner and Stéphanie Horth 16. Policing ‘online-radicalization’: The framing of Europol’s Internet Referral Unit Kilian Vieth Part V Actors’ Perspectives on Human Rights: How Can Change Happen? 17. When Private Actors Govern Human Rights Rikke Frank Jørgensen 18. International Organizations and Digital Human Rights Wolfgang Benedek 19. Recognizing Children’s Rights in Relation to Digital Technologies: Challenges of Voice and Evidence, Principle and Practice Amanda Third, Sonia Livingstone and Gerison Lansdown 20. Digital Rights of LGBTI Communities: A Roadmap for a Dual Human Rights Framework Monika Zalnieriute Index

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Book SynopsisThis thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of technology, including artificial intelligence and distributed ledger technology, on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation.Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole. Chapters investigate corporate form, governance democratisation resulting from the more prevalent use of technology, the introduction of new classes of stakeholders and novel fund-raising activities and the impact of technology on corporate governance and regulatory supervision. Offering theoretical, practical and policy perspectives on the integration of technology with corporate governance and regulation, it provides a key contribution to the broader debate concerning the impact of technology on modern life.This insightful book should stimulate incisive academic discourse and will be of value to students and scholars of corporate, business and technology law. It will also be of benefit to legal practitioners, regulators and policy-makers interested in technological innovation.Trade Review‘This is an illuminating legal guide to the world of self-driving corporations, AI systems as corporate board members, and all the corporate governance challenges that come from the rise of technology. As always, the law plays catch-up, as the technology runs ahead. This collection of thoughtful analyses of the issues will well serve all lawyers who are chasing the technology and attempting to keep up.’ -- Ross P Buckley, KPMG and KWM Professor of Disruptive Innovation, UNSW Sydney, Australia'The breadth of perspectives of this work on technology and corporate law is as impressive as the insightfulness of its contributions. As technology heavily impacts corporate governance practices, organisational forms and the functioning of capital markets, this book deserves its place in the library of anyone with an interest in the present and the future of corporate law.' -- Luca Enriques, Professor of Corporate Law, University of Oxford, UKTable of ContentsContents: Foreword viii Acknowledgements xii 1 Introduction to Technology and Corporate Law 1 Andrew Godwin, Pey Woan Lee and Rosemary Teele Langford PART I CORPORATE FORM 2 Viewing artificial persons in the AI age through the lens of history 21 Susan Watson PART II CORPORATE GOVERNANCE 3 The corporate board in an age of collaborative intelligence and complex risk 43 Helen Bird and Natania Locke 4 Artificial intelligence and corporate boards: some ethical implications 70 Vivienne Brand 5 Data explosion, disclosure and stepping stones 99 Rosemary Teele Langford 6 Recalibrating directors’ liabilities amidst technological flux 126 Pey Woan Lee and Susanna HS Leong PART III GOVERNANCE DEMOCRATISATION 7 Shareholder empowerment in the digital age 152 Pearlie Koh 8 The first step of a long march: dual-class company regulation and the experiment by the sci-tech and innovation board in China 178 Charlie Xiao-chuan Weng, Shangxuan Wu and Zhaohui Shen 9 Corporate governance challenges in initial coin offerings 205 Aurelio Gurrea-Martínez and Nydia Remolina 10 Corporate governance implications of equity crowdfunding 227 Steve Kourabas PART IV DATA ENHANCEMENTS AND ALTERNATIVE MODELS FOR ‘CORPORATE’ GOVERNANCE 11 Corporate disclosure in a technology-enabled world 252 Andrew Godwin 12 Keep your ‘invisible hands’ to yourself: freeing corporate governance from the cult of the ‘efficient market’ 277 David C Donald 13 The advent of decentralised autonomous business networks in the disembodied economy: a discussion on why the governance regimes of corporations and partnerships are unsuitable to them 306 Moshood Abdussalam and Mia Rahim

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.Trade Review‘David Fidler’s review of the contemporary complexities of cybersecurity law and its application comes at a critical time. He has hit the nail on the head in writing that “. . . governments extensively use policy and law in responding to cybersecurity threats” - while also underlining the limitations of both in today’s rapidly-evolving international system.’ BR> -- Deborah Housen-Couriel, Hebrew University of Jerusalem, Israel‘True to its title, Advanced Introduction to Cybersecurity Law offers both an excellent entry point for readers unfamiliar with the domestic and international legal issues raised by a rising number of cybersecurity threats (and capacities) alongside a sophisticated survey of the extant geopolitical, ideological, and technical contexts that will benefit existing experts. With careful and concise assessments of the regime complexes that address cyber manifestations of four security threats - crime, terrorism, espionage, and armed conflict - Fidler’s work offers a clear-eyed view of present challenges alongside a critical analysis of the law’s capacity to redress them in the coming years.’ -- Duncan B. Hollis, Temple University, School of Law, USTable of ContentsContents: Foreword PART I BACKGROUND FOR CYBERSECURITY LAW 1. Introduction: Cybersecurity and cybersecurity law 2. Cyberspace, security, and law PART II CYBERSECURITY AND NON-STATE ACTORS: CRIME AND TERRORISM IN CYBERSPACE 3. Cybercrime 4. Cyber terrorism PART III CYBERSECURITY AND STATE ACTORS: ESPIONAGE AND WAR IN CYBERSPACE 5. Cyber espionage 6. Cyber war 7. Conclusion: Cybersecurity law in a divided world Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.Trade Review‘David Fidler’s review of the contemporary complexities of cybersecurity law and its application comes at a critical time. He has hit the nail on the head in writing that “. . . governments extensively use policy and law in responding to cybersecurity threats” - while also underlining the limitations of both in today’s rapidly-evolving international system.’ BR> -- Deborah Housen-Couriel, Hebrew University of Jerusalem, Israel‘True to its title, Advanced Introduction to Cybersecurity Law offers both an excellent entry point for readers unfamiliar with the domestic and international legal issues raised by a rising number of cybersecurity threats (and capacities) alongside a sophisticated survey of the extant geopolitical, ideological, and technical contexts that will benefit existing experts. With careful and concise assessments of the regime complexes that address cyber manifestations of four security threats - crime, terrorism, espionage, and armed conflict - Fidler’s work offers a clear-eyed view of present challenges alongside a critical analysis of the law’s capacity to redress them in the coming years.’ -- Duncan B. Hollis, Temple University, School of Law, USTable of ContentsContents: Foreword PART I BACKGROUND FOR CYBERSECURITY LAW 1. Introduction: Cybersecurity and cybersecurity law 2. Cyberspace, security, and law PART II CYBERSECURITY AND NON-STATE ACTORS: CRIME AND TERRORISM IN CYBERSPACE 3. Cybercrime 4. Cyber terrorism PART III CYBERSECURITY AND STATE ACTORS: ESPIONAGE AND WAR IN CYBERSPACE 5. Cyber espionage 6. Cyber war 7. Conclusion: Cybersecurity law in a divided world Index

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Book SynopsisThis comprehensive Research Handbook analyzes the impact of the rapid growth of digital trade on businesses, consumers, and regulators. Leading experts provide theoretical and practical insight into how to manage the legal and policy challenges of the global digital economy.Chapters cover key areas of digital trade policy and regulation, examining finance, investment, tax, AI, and security. Drawing from a broad spectrum of digital trade sub-specialisms, this Research Handbook explores diverse regional and national approaches to e-commerce, spanning Africa, the Americas, Asia, Europe, and the Middle East. It scrutinizes the evolution of digital trade within the international trade system, assessing its inclusion within the WTO and the move towards digital-only agreements. Contributors investigate pressing legal controversies concerning trade protectionism, the recognition of intellectual property, and the safeguarding of personal data.This Research Handbook will be an invaluable resource for academics and students in digital trade, international law, public policy, and regulation. It will also be a useful guide for legal and political practitioners seeking to understand the emerging field of digital trade.Trade Review‘Digital trade is the future, but do we really understand what digital trade is and what challenges it poses to trade policy-makers and regulators? This Research Handbook on Digital Trade is an excellent starting point (and more) if you want to understand digital trade better. The 26 contributions, written by many of the top experts on the topic and skillfully edited by David Collins and Michael Geist, are a must-read for international trade lawyers.’ -- Peter van den Bossche, University of Bern, Switzerland‘Digital trade agreements have become the spaghetti bowl that Jagdish Bhagwhati warned us about. Moreover, these agreements are way behind data-driven developments and don't appear to be building trust. Collins and Geist have provided us with a cornucopia of insights to better understand our digital reality.’ -- Susan Ariel Aaronson, George Washington University, US'The Research Handbook on Digital Trade is essential for anyone interested in the rapidly evolving landscape of global digital commerce. In this comprehensive work, David Collins and Michael Geist bring together leading experts to cover trade agreements, regional approaches, policy challenges, and emerging technologies, providing valuable insights into the complex world of digital trade law and policy. It is a must-have resource for professionals, scholars, and policy-makers alike.' -- Andrew Mitchell, Monash University, AustraliaTable of ContentsContents: 1 Introduction to Research Handbook on Digital Trade 1 David Collins and Michael Geist PART I TRADE AGREEMENTS AND DIGITAL TRADE 2 Digital trade rulemaking in free trade agreements 9 Mira Burri 3 Three generations of digital trade provisions in preferential trade agreements 28 Rodrigo Polanco 4 E-commerce or digital trade? Why the difference should matter to trade lawyers 54 Wolfgang Alschner 5 WTO law and cross-border data flows for digital trade 73 Rolf H. Weber 6 The Digital Economy Partnership Agreement (DEPA): accession to the digital-only regime 90 Joo Hyoung Lee and David Collins 7 Placing gender equality at the centre of global digital trade policy 102 Michael Geist PART II REGIONAL APPROACHES TO DIGITAL TRADE: NORTH AMERICA AND EUROPE 8 The EU as a digital trade actor 118 Elaine Fahey 9 Federalism and digital trade 134 Patrick Leblond PART III REGIONAL APPROACHES TO DIGITAL TRADE: ASIA 10 China and WTO e-commerce negotiations 149 Henry Gao 11 Facilitating digital trade in Hong Kong 169 Bryan Mercurio 12 Digital trade agreements and digital policy space in the Republic of Korea 179 Tae Jung Park and Joo Hyun Park 13 Towards digital special economic zones: new technology, digitalization and transformation 200 Julien Chaisse PART IV REGIONAL APPROACHES TO DIGITAL TRADE: AFRICA, THE MIDDLE EAST AND THE AMERICAS 14 Streamlining the law on digital trade: prospects for the African Continental Free Trade Area (AfCFTA) negotiations 219 Cheryl Dine 15 Legal approaches to the regulation of digital trade by Middle Eastern countries 234 Bashar Malkawi 16 Latin America: the leap from the single window to the Single Submission Portal as a way of internalizing SMEs 253 Manuel Quindimil PART V DIGITAL TRADE LEGAL AND POLICY CHALLENGES: FINANCE, INVESTMENT AND TAXES 17 The compatibility of digital services taxes with World Trade Organization law 271 David Collins 18 The feasibility and desirability of applying international investment agreements to digital assets 289 Nicolette Butler and Jasem Tarawneh 19 Fintech: Technology-enabled financial innovation for digital trade 307 Lerong Lu 20 The digital nomad and the emergence of global labour mobility 330 David Collins and Ben Robinson PART VI DIGITAL TRADE LEGAL AND POLICY CHALLENGES: ARTIFICIAL INTELLIGENCE 21 The principles of algorithmic justice in the digital market 346 Maciej Hulicki 22 Artificial intelligence and law: emerging divergent national regulatory approaches in a changing landscape of fast-evolving AI technologies 370 Lijun Zhao 23 The role of artificial intelligence in international commercial arbitration in the post-Covid era 401 Muhammad Hassan Idrees and Annabelle Onyefulu PART VII DIGITAL TRADE LEGAL AND POLICY CHALLENGES: DATA, SECURITY AND IP 24 Digital economy agreements: where do we stand and where are we going? 417 Dan Ciuriak 25 Digital trade and economic security: considerations on the Japan–US Digital Trade Agreement 440 Rikako Watai 26 Digital trade and intellectual property 456 Marc D. Mimler Index

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Book SynopsisThis innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate. Delivering a legal, economic, and technical analysis of antitrust and blockchain, Thibault Schrepel provides a well-rounded examination of their mutual flaws and the limitations that occur when they ignore each other. He explores the anticompetitive practices that may arise in the field as well as covering enforcement issues before showcasing the potential of blockchain and antitrust to complement one another. He offers different ways of creating effective regulations and enforcement mechanisms for the purpose of benefiting their common interests.Covering key topics such as decentralization, blockchain evolution, and the objectives of competition law, this book will be of particular interest to academics and students researching at the intersection of law and technology. It will also be useful for legal practitioners interested in blockchain, as well as antitrust agencies and policy-makers.Trade 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 SynopsisAs the COVID-19 pandemic surged in 2020, questions of data privacy, cybersecurity, and ethics of the surveillance technologies centred an international conversation on the benefits and disadvantages of the appropriate uses and expansion of cyber surveillance and data tracking. This timely book examines and answers these important concerns.Pandemic Surveillance frames and defines digital privacy and security in the context of emerging surveillance technologies, providing informed dialogue on international conversations regarding pandemic surveillance. The book examines the challenges of regulating pandemic surveillance technologies across diverse geographical settings, including Europe and Latin America, along with comparative analysis of social credit systems in China and the United States. Margaret Hu and her impressive selection of contributors explore the legal, scientific and ethical challenges in a world with a growing data surveillance architecture, providing policy recommendations and forward-looking solutions, including the importance of ethical frameworks, to minimise potential misuse and abuse of surveillance technologies.Delivering a well-rounded examination of pandemic surveillance and data-tracking technologies, this book is a crucial read for researchers and scholars focused on information security and data privacy, including specialists in the area of cyber ethics and data ethics. Students and academics interested in health policy and bioethics will also benefit from the insights in this text.Trade Review‘Ruptures can help us see society in new ways. By interrogating the surveillance practices during the COVID-19 pandemic from different angles, the essays in this book insightfully reveal a range of challenges to privacy in a data-saturated world.’ -- danah boyd, author of It's Complicated: The Social Lives of Networked TeensTable of ContentsContents: Introduction 1 Margaret Hu PART I DIGITAL PRIVACY, SECURITY, AND EMERGING SURVEILLANCE TECHNOLOGIES 1 Mass surveillance in the age of COVID-19 6 Natalie Ram and David Gray 2 Balancing the pursuit of knowledge against the preservation of privacy 27 Davi Ottenheimer 3 Surveillance and pandemic in Brazil: an essay in three acts 42 Nathalie Fragoso, Clarice Tavares, and Jade Becari 4 Frictionless pandemic surveillance and social credit systems 64 Margaret Hu 5 The developing narratives of pandemic surveillance 86 Joshua Fairfield PART II CONTEXTUALIZING CHALLENGES IN REGULATING PANDEMIC SURVEILLANCE 6 Pandemic surveillance and US foreign surveillance 105 Peter Margulies 7 Regulating privacy and data ethics in the context of the UK’s contact tracing apps 114 Ian Brown 8 Privacy and pandemic surveillance apps in Latin America 136 María Soledad Segura 9 Implementing effective digital privacy policy: the road ahead in post-pandemic times 148 Stuart N. Brotman 10 Tracing the invisible: information fiduciaries and the pandemic 158 Anne L. Washington and Lauren Rhue PART III LEGAL AND ETHICAL CONSIDERATIONS MOVING FORWARD 11 Pandemic surveillance: ethics at the intersection of information, research, and health 187 Daniel Susser 12 Using personal data and data-driven technologies for research and public health in the context of the COVID-19 pandemic 197 Bethânia de Araújo Almeida 13 Pandemic ethics: the intersection of technology, trust, and privacy, and implications for marginalized communities 204 Jolynn Dellinger 14 Of pandemics and progress 216 Andrea M. Matwyshyn Index

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Book SynopsisDigital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders.The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging.This unique exploration will appeal to governments, regulatory authorities, digital platforms, businesses, and students and will find further audience with policy makers and practitioners.Table of ContentsContents: Introduction to Digital platforms and global law: Work plan 1. Digital platforms: protagonists of the self-age 2. Digital platforms as private transnational legal orders 3. Plurality of private transnational legal orders and relations 4. Digital platforms as subjects of transnational and international law 5. Digital platforms and global law Index

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Book SynopsisThis ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. VealeTrade Review'The volume begins with a deep and insightful philosophical dialogue between the editors on AI, conservatism and legal protection, which sets the scene for the wide ranging but complementary chapters that follow. It confronts a set of questions about our data-driven present-future which are at once theoretical and practically urgent. Amongst the now-crowded literature on the political and legal implications of digital technologies, it is rare to encounter writing with such lyricism and verve, by turns whimsical and deadly serious. The chapters present a range of novel conceptual frames, from the algorithmic limbic system to a conservative defence against big data, each of which are bold and imaginative whilst being predicated on existing social and technological practices.' --Reuben Binns, University of Oxford, UK'In a time in which algorithms are pervading communication, culture and social life in increasingly effective ways, theoretical reflection often lags behind. Hildebrandt and O'Hara have succeeded in assembling and coordinating a brilliant collection of observations from different disciplines that, rather than being driven by technology, ambitiously show alternative perspectives. An illuminating read to help us understand and govern the challenges our society is facing.' --Elena Esposito, University of Bologna, Italy and University of Bielefeld, Germany'How should human agents preserve their humanity, their agency, and their valued institutions in their self-created data-driven environments? In this stimulating book - a follow-up to Smart Technologies and the End(s) of Law - readers will find more from Mireille Hildebrandt (in her own right and in conversation with her co-editor, Kieron O'Hara) and more from an impressive team of contributors (spanning law, philosophy, politics, media and computer science). Text is not yet dead; this is a must-read book.' --Roger Brownsword, King's College London and Bournemouth University, UKTable of ContentsContents: Preface xii 1. Introduction: Life and the law in the era of data-driven agency 1 Mireille Hildebrandt and Kieron O’Hara 2. Between the editors 16 Kieron O’Hara and Mireille Hildebrandt PART I 3. Data-driven agency and knowledge 45 Paul Dumouchel 4. The emergent limbic media system 60 Julie E. Cohen 5. Smart technologies and our sense of self: Going beyond epistemic counter-profiling 80 Sylvie Delacroix and Michael Veale 6. Rethinking transparency for the Internet of Things 100 m.c. schraefel, Richard Gomer, Enrico Gerding and Carsten Maple 7. From the digital to a post-digital era? 117 Charles Ess PART II 8. Do digital technologies put democracy in jeopardy? 135 Gerard de Vries 9. In defence of ‘Toma’: Algorithmic enhancement of a sense of justice 156 David Stevens 10. The conservative reaction to data-driven agency 175 Kieron O’Hara and Mark Garnett 11. Artificial intelligence, affordances and fundamental rights 194 Christoph B. Graber 12. Throttling machine learning 214 Paul Ohm 13. In the hall of masks: Contrasting modes of personification 230 Niels van Dijk RESPONSE 14. Life and the law in the era of machine agency 253 Mireille Hildebrandt Index 265

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Book SynopsisIs competition law able to deal with algorithmic collusion? This evaluative book provides an insight into tackling this important question for competition law, with contrasting critical perspectives, including theoretical, empirical, and doctrinal – the latter frequently from a comparative perspective.Bringing together scholarly discussion on algorithmic collusion, the book questions whether competition law is adeptly equipped to deal with its various facets. With a comprehensive overview of the recent literature on algorithmic collusion, chapters offer a critical appraisal of the effectiveness of competition law to deal with algorithmic collusion. Covering a unique collection of legal, theoretical, and experimental case studies, it initiates debate among legal scholars for a better understanding of the data upon which algorithms decide prices.With a comparative identification of both the potentialities and limitations of competition law in relation to algorithmic collusion, this book will be of key value to students and scholars of competition law, economics and finance. It will also be an invaluable resource for legal practitioners and policy makers in the field.Trade Review‘This book is essential reading for those with an interest in algorithmic collusion, or competition and technology more generally. I would also recommend it to those who have limited knowledge of this area of competition scholarship and feel overwhelmed by the sheer volume of existing literature available. This collection is an excellent starting point, as the early chapters are written in a very clear and accessible style. They do an excellent job of explaining the main issues and critically summarising and discussing the previous literature, setting the scene for the original contributions that follow.’ -- Andreas Stephan, Competition Policy Blog‘This unique book offers a window into the fascinating world of algorithmic collusion. Several contributions assess how this new phenomenon is dealt with under the laws of various jurisdictions (Australia, China, India, Japan and the EU). That alone would make the book worth the read, but there is more. Another chapter dives deep into the algorithms used by Uber and Amazon and draws implications on the likelihood of competition law infringements. Yet another chapter shares the results of a screening exercise for algorithmic collusion in Singapore. Together, the chapters in this book reflect the great diversity and originality of research into this topic, and take the reader on a wonderful journey through this novel area of competition law.’ -- Simon Vande Walle, The University of Tokyo, Japan‘In many online markets, prices are set in an automated manner by algorithms, which raises significant competitive concerns and numerous competition law issues, in particular the danger of collusive behaviour of algorithms. This collection of essays provides an excellent overview of the key economic and legal aspects of algorithmic collusion, as well as the approaches taken in different jurisdictions to address this problem. It is a valuable volume that should be consulted by all interested in algorithmic collusion and its economic and competition law aspects.’ -- Ulrich Schwalbe, University of Hohenheim, Germany.‘This collection of essays helps to improve our understanding across AI collusion.’ -- D. Daniel Sokol, USC Gould School of Law and Marshall School of Business, USTable of ContentsContents: Preface x Salil K. Mehra Acknowledgements xii 1 The algorithmic collusion debate: a focus on (autonomous) tacit collusion 1 Steven Van Uytsel 2 Algorithms and the limits of antitrust 39 Thomas Weck 3 Artificially intelligent collusion caught under EU competition law 48 Jan Blockx 4 Can the reformed Australian competition law stop algorithmic collusion? 67 Baskaran Balasingham 5 Tackling algorithmic collusion: the scope of the Indian Competition Act 92 Nikita Koradia, Kiran Manokaran and Zara Saeed 6 Challenges brought by and in response to algorithms: the perspective of China’s Anti-Monopoly Law 142 Wei Han, Yajie Gao and Ai Deng 7 Algorithmic collusion and the Japanese antimonopoly law 165 Steven Van Uytsel and Yoshiteru Uemura 8 Price-monitoring algorithms and resale price maintenance: an analysis of recent cases in Europe 189 Yoshiteru Uemura 9 Pricing in online grocery markets: challenges in monitoring competition 203 Cassey Lee and Gloria Lin 10 Algorithms unravelled: observations on the audit of Uber and Amazon marketplace algorithms 237 Steven Van Uytsel Index 260

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Book SynopsisThis important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology.Key features include: Cutting-edge coverage of topics within technology Drawing together the different strands of financial regulation and technology Succinctly encapsulating the essence of complex topics, including machine learning, artificial intelligence, intellectual property and quantum computing Furthering readers’ understanding of the key case law, regulation, authoritative financial services regulator guidance and international standards governing these specific themes. Financial Regulation and Technology will be crucial reading for legal counsel and compliance officers in asset managers, banks, platforms and FinTech SMEs looking to consolidate their knowledge of financial regulation and technology issues.Trade Review‘This is a book every financial services lawyer and compliance officer will benefit from.’ -- From the foreword by Gordon Brough, General Counsel, CQS (UK) LLPTable of ContentsContents: Forward by Gordon Brough, Preface to the first edition, 1. An introduction 2. Accountability 3. Cloud computing 4. Cryptoassets 5. Cyber security 6. Data protection 7. Sandbox 8. Trading platforms 9. Innovation protection 10. Competition 11. Payment services 12. Machine learning 13. Quantum computing Extensive Index

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Book SynopsisThis important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology.Key features include: Cutting-edge coverage of topics within technology Drawing together the different strands of financial regulation and technology Succinctly encapsulating the essence of complex topics, including machine learning, artificial intelligence, intellectual property and quantum computing Furthering readers’ understanding of the key case law, regulation, authoritative financial services regulator guidance and international standards governing these specific themes. Financial Regulation and Technology will be crucial reading for legal counsel and compliance officers in asset managers, banks, platforms and FinTech SMEs looking to consolidate their knowledge of financial regulation and technology issues.Trade Review‘This is a book every financial services lawyer and compliance officer will benefit from.’ -- From the foreword by Gordon Brough, General Counsel, CQS (UK) LLPTable of ContentsContents: Forward by Gordon Brough, Preface to the first edition, 1. An introduction 2. Accountability 3. Cloud computing 4. Cryptoassets 5. Cyber security 6. Data protection 7. Sandbox 8. Trading platforms 9. Innovation protection 10. Competition 11. Payment services 12. Machine learning 13. Quantum computing Extensive Index

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Book SynopsisThis provocative and timely book identifies and disrupts the conventional regulation and governance discourses concerning AI and big data. It suggests that, instead of being used as tools for exclusionist commercial markets, AI and big data can be employed in governing digital transformation for social good. Analysing the ways in which global technology companies have colonised data access, the book reveals how trust, ethics, and digital self-determination can be reconsidered and engaged to promote the interests of marginalised stakeholders in data arrangement. Chapters examine the regulation of labour engagement in digital economies, the landscape of AI ethics, and a multitude of questions regarding participation, costs, and sustainability. Presenting several informative case studies, the book challenges some of the accepted qualifiers of frontier tech and data use and proposes innovative ways of actioning the more conventional regulatory components of big data. Scholars and students in information and media law, regulation and governance, and law and politics will find this book to be critical reading. It will also be of interest to policymakers and the AI and data science community.Trade Review‘Based on wisely selected case studies, the authors offer a compelling reframing of the orthodox tech-and-regulation relationship. They build a strong case that AI is more than a regulatory target: “Distruptive Regulation” uses technology to protect and advance the interests of vulnerable stakeholders instead of serving those in power.’ -- Urs Gasser, Technical University of Munich, Germany‘If you're looking for a thought-provoking read on governing AI and big data, then I highly recommend checking out this book. Using real-life examples, the authors offer a new approach to regulation that empowers people and promotes trust and data responsibility. The authors also provide practical pathways to advance digital self-determination and to promote fairness, and non-discrimination in how we use AI. Overall, the book challenges conventional thinking and is a must-read for anyone interested in technology and its impact on our society.’ -- Stefaan G. Verhulst, New York University, USTable of ContentsContents: 1. Disruptive regulation 2. Trust as regulation 3. Disrupting data – digital self-determination 4. Modern AI ethics is a field in the making 5. Modelling disruptive regulation Index

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Book SynopsisThe Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law. Paying close attention to recent acts and proposals, including the Digital Services Act (DSA), Digital Markets Act (DMA), AI Act and others, this Research Handbook traces the developments of main regulatory ideas; provides criticism of the methods, principles, approaches and enforcement; and gives a critical analysis of the normative side of regulation. The expert contributors are clustered around the main regulatory fields and each deals adeptly with one or more of the key features of the passed or proposed acts. Providing a critical analysis of the EU’s regulatory efforts in digital regulation, this discerning Research Handbook will be a useful reference tool for academics and postgraduate students specialising in international law, e-commerce, consumer law and IT law. It will also be of interest to practitioners, including governmental officials and data protection officers.Trade Review‘The Research Handbook gives us much-needed insight into what may be considered as the central struggle of contemporary law, i.e. the attempt to regulate the digital revolution. A must-read for anyone trying to understand the law in 21st century.’ -- Maciej Szpunar, Court of Justice of the European Union‘Andrej Savin and Jan Trzaskowski are the leading scholars in regulation of the online world, and are among the most important contributors to the emerging discipline of Social Welfare Computing. In this book they have brought together an impressive collection of papers, from a distinguished group of faculty, addressing the most important fields within Social Welfare Computing and online regulation.’ -- Eric K. Clemons, University of Pennsylvania, US‘The editors have put together an impressive and thought-provoking collection of articles by leading scholars of Internet law.’ -- Martin Husovec, London School of Economics, UKTable of ContentsContents: Preface ix PART I POLICY, GOVERNANCE AND REGULATORY TOOLS 1 EU Internet policy in the 2020s 2 Gerald Spindler 2 EU Internet law in the era of convergence and digital platforms: the interplay with EU telecoms and media law 45 Søren Sandfeld Jakobsen 3 Designing EU digital laws 62 Andrej Savin 4 Do algorithms need to be regulated, and if so, what algorithms? 79 Arno R. Lodder and Zachary Cooper 5 Leveraging conducts in the digital economy: a competition and regulatory perspective 93 Christian Bergqvist and Elisa Faustinelli PART II INTELLECTUAL PROPERTY LAW 6 EU copyright law, an ancient history, a contemporary challenge 119 Tatiana-Eleni Synodinou 7 Limitations to copyright in the digital age, safeguards for users’ rights, creativity and authors’ remuneration interests 148 Christophe Geiger, Franciska Schönherr and Bernd Justin Jütte 8 The making of EU copyright law: building blocks, current appearance, and future transformations 178 Eleonora Rosati PART III JURISDICTION 9 Where does ‘making available’ occur? 193 Jane C. Ginsburg and Antonia von Appen 10 Jurisdiction over cyber torts under the Brussels I Bis Regulation 214 Sandrine Brachotte and Arnaud Nuyts PART IV INTERNAL MARKET AND PLATFORMS 11 Digital Services Act: a reform of the e-Commerce Directive and much more 231 Sebastian Felix Schwemer 12 Platform responsibility in the Digital Services Act: constitutionalising, regulating and governing private ordering 252 Giancarlo Frosio 13 The European Commission’s Proposal for an Artificial Intelligence Act 270 Martin Ebers 14 A European legal framework for digital identities, digital authentication and electronic signatures: reflections on a moving target 292 Niels Vandezande and Jos Dumortier PART V CONSUMERS AND MARKETING 15 Persuasion, manipulation, choice architecture and ‘dark patterns’ 308 Jan Trzaskowski 16 The sustainability gap in the regulation of e-commerce 329 Nikola Schiefke and Hans-W. Micklitz 17 Unsafe and still online: proposals to improve product safety on online marketplaces 344 Christine Riefa 18 Regulating the wild world of digital services in the EU 366 Joasia Luzak PART VI CITIZENS AND THE INTERNET 19 User empowerment in the age of algorithms: two steps forward, one step back? 387 Emily M. Weitzenboeck 20 Tackling cyberscams through EU criminal law 410 Alisdair A. Gillespie 21 The reshaping of the freedom of expression in the digital environment in light of the role of social networks 427 Oreste Pollicino and Marco Bassini 22 Embedded data protection – how law and technology interact 466 Colette Cuijpers and Mara Paun Index

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Book SynopsisReforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas. Table of ContentsContents: Preface ix 1 Non-traditional trademarks as barriers to competition, innovation, and creativity: what if their protection could be effectively limited in practice? 1 Irene Calboli 2 Towards a general research exemption 18 Vincenzo Di Cataldo 3 Public lies and public goods: ten lessons from when patents and pandemics meet 30 Peter Drahos 4 Launching the Unified Patent Court: lessons from the United States Court of Appeals for the Federal Circuit 45 Rochelle Cooper Dreyfuss 5 Unlimiting limitations in intellectual property 68 Séverine Dusollier 6 Building an ethical framework for intellectual property in the EU: time to revise the Charter of Fundamental Rights 80 Christophe Geiger 7 All words and no performance: a revolution in copyright through performance in sound 95 Johanna Gibson 8 Authors’ remuneration: reforms to wish for 125 Jane C. Ginsburg 9 What single reform? 141 Sir Robin Jacob 10 Reappraising the relationship between intellectual property rights and human rights: a COVID-19 pandemic response 152 Duncan Matthews 11 Infrastructure, not waivers: promoting access to medicines in developing countries 167 Jerome H. Reichman 12 Regulating de facto powers: shifting the focus 177 Marco Ricolfi 13 EU copyright 20 years after the InfoSoc Directive – flexibility needed more than ever 188 Martin Senftleben 14 Making sure copyright works – safeguarding authors’ and users’ rights 211 Jens Schovsbo 15 Harmonization of employee invention laws: the black hole of the EU’s innovation policy 225 Hanns Ullrich 16 Reversing logic… 259 Michel Vivant 17 Licensability as property? 269 Guido Westkamp 18 Copyright on digital platforms: shifting paradigms 292 Hong Xue 19 Increased copyright flexibilities for user-generated creativity 307 Peter K. Yu Index

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