E-commerce law Books

Book SynopsisFocusing on the law and practice of auctions, this text looks at various aspects of auction practice, from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. It also includes a chapter on VAT.Trade ReviewReview from previous edition ...the authoritative work on English auction law. ... Unlike many legal books it is accessible to the layman and covers most questions asked by buyers, sellers and auctioneers. ...this book should be the first port of call for commentary on the present position. * Antiques Trade Gazette 13/4/1996 *Table of Contents1. The Evolution and Economics of Auction Sales ; 2. Auctioneers: Restrictions on Trading ; 3. Capacity and Authority ; 4. The Rights of an Auctioneer ; 5. Duties and Liabilities of the Auctioneer ; 6. Conditions of Sale Affecting Buyers and Bidders ; 7. Export Licensing ; 8. Criminal Practices at Auctions and their Consequences ; 9. Sales of Land by Auction or Tender ; 10. Vehicle Auctions and Specialized Auctions of Other Property ; 11. Sales by Vendors in Special Positions ; 12. Value Added Tax

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Book SynopsisA fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition.Fast CompanyShoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking exposé invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States.ScienceA convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with.Burton G. Malkiel, Wall Street JournalA convincing case for the need to rethink competition law to cope with algorithmic capitalism's potential for malfeasance.John Naughton, The ObserverTrade Review[Ezrachi and Stucke] make a convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with…Virtual Competition displays a deep understanding of the internet world and is outstandingly researched. -- Burton G. Malkiel * Wall Street Journal *Traditional competition law is about firms and their activities. The great insight underpinning Ezrachi’s and Stucke’s book is that, in a digital world, competition law will be mostly about algorithms and big data because these are the forces that now determine what happens in online marketplaces. The book focuses on three particular areas in which anticompetitive and manipulative behavior is possible and, in some cases, already evident… Ezrachi and Stucke dig deep into the ways in which algorithmic and big-data analytics combine to produce behaviors and outcomes that are—or could be—troubling for society. They then go on to discuss the extent to which existing competition law and legal precedents may—or may not—be able to address abuses… Ezrachi and Stucke have made a convincing case for the need to rethink competition law to cope with algorithmic capitalism’s potential for malfeasance. -- John Naughton * The Observer *We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States…We can hope the ideas discussed in Virtual Competition get on the political agenda. -- Barry Nalebuff * Science *A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition. Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy argues that these companies, with their immense data advantage, are effectively making their own rules in the marketplace, beating back new market entrants, and disadvantaging customers. -- Ben Schiller * Fast Company *From price-comparison algorithms to phone operating systems, technology has altered competitive commerce. Lawyers Ariel Ezrachi and Maurice E. Stucke question the democratic consequences of this dual-edged power. * Nature *This highly readable and authoritative account sets out the ways that platforms have replaced the invisible hand with a digitized one—a hand that is human-engineered, subject to corporate control and manipulation, and prone to charges of unlawfulness…It is becoming increasingly apparent that widespread deployment of algorithmic tools can intensify, rather than reduce, the chasm between the wealthy and the vulnerable. This is the issue Ezrachi and Stucke address as behavioral discrimination…Overall, they argue, this is corrosive to social welfare, because the more vulnerable among us end up paying more. The authors’ assessment of where this is heading is of the most sober kind: absent legal intervention, perfect discrimination will likely become the new norm. -- Julia Powles * Times Higher Education *This is a groundbreaking, critical work—a major contribution to the field of competition law. -- Frank Pasquale, author of The Black Box SocietyEzrachi and Stucke provide a compelling analysis challenging the orthodoxy that modern technology empowers consumers. Their findings will send a shiver down the spine of consumers, businesses, public policy makers and anyone working in the competition field. Virtual Competition is a fast-paced, mind-boggling thriller that you can’t put down; a thriller in which we are all set to be the victim. -- Alan Giles, Saïd Business School, University of OxfordVirtual Competition provides an intriguing and provocative look at the potential dark side of big data and big analytics. The debate over digital competition is just beginning, and Ezrachi and Stucke have laid down a marker that is likely to capture wide attention. -- Jonathan Levin, Stanford Graduate School of BusinessEzrachi and Stucke’s insights into data-driven opportunities, collusion scenarios, discrimination, and ‘frenemies’ will help authorities distinguish between true efficiencies and anti-competitive problems, and ensure that most enforcement at least keeps up with technological developments. Forward-thinking competition authorities can use these insights proactively to help craft government policies that ensure that innovation and competition are real, while problems are addressed quickly and thus—hopefully—remain virtual. -- Philip Marsden, Inquiry Chair, Competition and Markets AuthorityA thought-provoking, clearly written examination of the coming effects on markets and competition of computer algorithms, big data, big analytics, and ‘super-platforms,’ drawing on real-life examples, on neoclassical and behavioral economics, and on the authors’ deep understanding of U.S. and EU competition law. -- Harry First, New York University School of LawEqual measures computer science, law, economics, and behavioral science, this book will appeal to all four groups and introduce the concepts in a very enjoyable way. Whether people shop online, on their phones, or in stores, companies track them. What they buy, where they shop, when they shop, and how they shop can all be analyzed by retailers, who can then offer different products, coupons, and discounts. Retailers not only collect and analyze this data but also sell the data and analysis to other companies, sometimes including their competitors. This book delves into the privacy and regulatory complications of this data and analysis. Though readers may be taken aback by just how much information is collected about their shopping habits, this book describes in detail how retailers and marketers use ambivalence to privacy to market products and services at prices consumers are willing to pay. -- J. M. Keller-Aschenbach * Choice *

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Book SynopsisThis collection is the first to comprehensively examine the implications of AI technology on legal and regulatory systems. Featuring experts from Europe and the US, this book will appeal to scholars of law, economics, and public policy, as well as readers generally interested in emerging legal questions related to algorithms.Trade Review'There is a shift in the academic debate from the 'if' to the 'how' AI should and could be regulated. This volume covers a broad range of fields, from robotics to copyrights and financial services, all united in one question: what would a regulatory framework that allows us to de-mystify algorithms and get to grips with the commercialisation of data look like? The regulatability of AI is the key issue of our times. The ten contributions provide dense up-to-date information and enticing inspiration in the search for societally acceptable solutions.' Hans W. Micklitz, European University Institute'A timely book that finely addresses a crucial issue in the age of digitalization - the governance of algorithms - and helps to identify a new and necessary field of legal studies.' Ugo Pagallo, University of Turin'The ubiquity of algorithms in many areas of our lives has become one of the burning issues of our time, with legislators and policy-makers around the world grappling with the many challenges associated with Artificial Intelligence and Algorithms. This development is significant for many disciplines, including law. This collection of essays examines many of the legal issues of AI and algorithms and illustrates just how complex an area this has become. It will be welcomed by any reader interested in understanding the many legal and ethical questions which need to be resolved.' Christian Twigg-Flesner, University of Warwick'The book accomplishes a difficult task. It is an excellent source for those who dive for the first time into the legal challenges that AI poses to law … The book is written in such a clear manner that it allows an interdisciplinary understanding. The authors and editors should be applauded for the clarity with which they explore an extremely complex subject.' Francisco de Elizalde, PrometheusTable of ContentsPreface; 1. Robotics and Artificial Intelligence: The Present and Future Visions Sami Haddadin and Dennis Knobbe; 2. Regulating AI and Robotics: Ethical and Legal Challenges Martin Ebers; 3. Regulating Algorithms – How to De-Mystify the Alchemy of Code? Mario Martini; 4: Automated Decision-Making under Article 22 GDPR: Towards a More Substantial Regime for Solely Automated Decision-Making Diana Sancho; 5. Robot Machines and Civil Liability Susana Navas; 6. Extra-contractual Liability for Wrongs Committed by Autonomous Systems Ruth Janal; 7. Control of Algorithms in Financial Markets – the Example of High Frequency Trading Gerald Spindler; 8. Creativity of Algorithms and Copyright Susana Navas; 9. 'Wake Neutrality' of Artificial Intelligence Devices Brian Subirana, Renwick Bivings and Sanjay Sarma; 10. The (envisaged) Legal Framework of Commercialisation of Digital Data within the EU Björn Steinrötter.

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Book SynopsisAI and people do not compete on a level-playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human well-being. This work should be read by anyone interested in the rapidly evolving relationship between AI and the law.Trade Review'The Reasonable Robot provides highly original insights into one of the most important conversations of our time. Ryan Abbott brings a unique and sometimes controversial perspective to artificial intelligence as a physician, attorney, and eminent academic, but manages to present the subject in an accessible and unintimidating manner. This book is both enlightening about the future of law and artificial intelligence as well as a great read' Baron Timothy Clement-Jones, Chair of the House of Lords Artificial Intelligence Select Committee and Co-Chair of the All Party Parliamentary Group on Artificial Intelligence'Ryan Abbott's book cuts across all kinds of fields in an effort to teach us what the future will bring. From self-driving cars to AI doctors to robots that pay taxes, he offers a comprehensive blueprint for how the law needs to change to adapt to a world where it is machines, not people, committing torts and crimes.' Mark A. Lemley, William H. Neukom Professor, Stanford University, California'Artificial intelligence has evolved from an utopian vision to a fact of life. Thinking through how AI fits into our existing legal norms has become imperative. Ryan Abbott's book elucidates what challenges AI poses in different areas of the law and what legal principles can unleash AI's full potential for human progress. Anyone seeking insight into these questions will find this book both accessible to read and thought-provoking.' Carsten Fink, Chief Economist, World Intellectual Property Organization'The Reasonable Robot is an important work and a riveting read that provides a fascinating picture of a future that's already here. It explores profound legal and societal questions that every one of us should care deeply about, and secures Ryan's place as a leader in the field.' Corey Salsberg, Vice President, Global Head IP Affairs, Novartis'Professor Abbott's book offers a captivating analysis of the legal challenges that arise from the breathtaking proliferation of artificial intelligence in numerous areas of life, commercial relations and governmental decision-making. As 'AI' not only informs but increasingly drives and determines administrative procedures as well as policy choices, questions of liability require utmost scrutiny and must be seen in close connection with issues around agency, representation and legitimacy. In trying to understand the legal conundrum posed by robots' astonishing ascendance, this book is an excellent guide.' Peer Zumbansen, Founding Director, Transnational Law Institute, King's College London'This relatively thin book is densely packed with cross-over concepts of a large number of examples of machine generated inventions and potential legal challenges, taking various fragments of unique and high-level research from Ryan Abbott's professional life as a licensed physician, patent attorney and US professor of law as well as solicitor advocate in England and Wales.' Ursula Smartt, European Intellectual Property Review'… a lucid, jargon-free, and thorough examination of the effect AI is having on policy right now, rather than in a projected or possible future. The book will be of interest to upper secondary through postgraduate readers with some interest in AI, as well as to concerned professionals and researchers.' M. J. Moore, Choice'This work should be read by anyone interested in the rapidly evolving relationship between AI and the law.' Christian Mammen, Practice SourceTable of ContentsIntroduction. Artificial intelligence and the law; 1. Understanding artificial intelligence; 2. Should artificial intelligence pay taxes?; 3. The reasonable robot; 4. The artificial inventor; 5. Changing intellectual property standards; 6. Punishing artificial intelligence; 7. Alternative perspectives on artificial intelligence and AI legal neutrality; Third party materials; Index.

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Book SynopsisOnline surveillance of our behavior by private companies is on the increase, particularly through the Internet of Things and the increasing use of algorithmic decision-making. This troubling trend undermines privacy and increasingly threatens our ability to control how information about us is shared and used. Written by a computer scientist and a legal scholar, The Privacy Fix proposes a set of evidence-based, practical solutions that will help solve this problem. Requiring no technical or legal expertise, the book explains complicated concepts in clear, straightforward language. Bridging the gap between computer scientists, economists, lawyers, and public policy makers, this book provides theoretically and practically sound public policy guidance about how to preserve privacy in the onslaught of surveillance. It emphasizes the need to make tradeoffs among the complex concerns that arise, and it outlines a practical norm-creation process to do so.Trade Review'Highly recommended.' G. E. Kaupins, Choice ConnectTable of Contents1. Surveillance and self-realization; 2. Artificial intelligence-enhanced surveillance; 3. Social roles, Common knowledge, and coordination; 4. Coordination norms; 5. Notice and choice: the allure and the illusion; 6. The threat of collapse, the prospects of resistance; 7. Acquiescence; 8. Accept or take control?; 9. Regulating artificial intelligence.

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Book SynopsisA definitive guide to cybersecurity law Expanding on the author s experience as a cybersecurity lawyer and law professor, Cybersecurity Law is the definitive guide to cybersecurity law, with an in-depth analysis of U.S.Table of ContentsAbout the Author xv Acknowledgement xvii Introduction xix 1 Data Security Laws and Enforcement Actions 1 1.1 FTC Data Security 2 1.1.1 Overview of Section 5 of the FTC Act 2 1.1.2 Wyndham: Does the FTC Have Authority to Regulate Data Security under Section 5 of the FTC Act? 5 1.1.3 LabMD: What Constitutes Unfair or Deceptive Data Security? 9 1.1.4 FTC June 2015 Guidance on Data Security 11 1.1.5 FTC Protecting Personal Information Guide 14 1.1.6 Lessons from FTC Cybersecurity Complaints 15 1.1.6.1 Failure to Secure Highly Sensitive Information 16 1.1.6.1.1 Use Industry-Standard Encryption for Sensitive Data 16 1.1.6.1.2 Routine Audits and Penetration Testing Are Expected 17 1.1.6.1.3 Health-Related Data Requires Especially Strong Safeguards 18 1.1.6.1.4 Data Security Protection Extends to Paper Documents 19 1.1.6.1.5 Business-to-Business Providers Also Are Accountable to the FTC For Security of Sensitive Data 20 1.1.6.1.6 Companies Are Responsible for the Data Security Practices of Their Contractors 22 1.1.6.1.7 Make Sure That Every Employee Receives Regular Data Security Training for Processing Sensitive Data 23 1.1.6.1.8 Privacy Matters, Even in Data Security 23 1.1.6.1.9 Limit the Sensitive Information Provided to Third Parties 24 1.1.6.2 Failure to Secure Payment Card Information 24 1.1.6.2.1 Adhere to Security Claims about Payment Card Data 24 1.1.6.2.2 Always Encrypt Payment Card Data 25 1.1.6.2.3 Payment Card Data Should Be Encrypted Both in Storage and at Rest 26 1.1.6.2.4 In-Store Purchases Pose Significant Cybersecurity Risks 26 1.1.6.2.5 Minimize Duration of Storage of Payment Card Data 28 1.1.6.2.6 Monitor Systems and Networks for Unauthorized Software 29 1.1.6.2.7 Apps Should Never Override Default App Store Security Settings 29 1.1.6.3 Failure to Adhere to Security Claims 30 1.1.6.3.1 Companies Must Address Commonly Known Security Vulnerabilities 30 1.1.6.3.2 Ensure That Security Controls Are Sufficient to Abide by Promises about Security and Privacy 31 1.1.6.3.3 Omissions about Key Security Flaws Also Can Be Misleading 33 1.1.6.3.4 Companies Must Abide by Promises for Security-Related Consent Choices 33 1.1.6.3.5 Companies That Promise Security Must Ensure Adequate Authentication Procedures 34 1.1.6.3.6 Adhere to Promises about Encryption 35 1.2 State Data Breach Notification Laws 36 1.2.1 When Consumer Notifications Are Required 37 1.2.1.1 Definition of Personal Information 37 1.2.1.2 Encrypted Data 38 1.2.1.3 Risk of Harm 39 1.2.1.4 Safe Harbors and Exceptions to Notice Requirement 39 1.2.2 Notice to Individuals 40 1.2.2.1 Timing of Notice 40 1.2.2.2 Form of Notice 40 1.2.2.3 Content of Notice 41 1.2.3 Notice to Regulators and Consumer Reporting Agencies 41 1.2.4 Penalties for Violating State Breach Notification Laws 42 1.3 State Data Security Laws 42 1.3.1 Oregon 43 1.3.2 Rhode Island 45 1.3.3 Nevada 45 1.3.4 Massachusetts 46 1.4 State Data Disposal Laws 49 2 Cybersecurity Litigation 51 2.1 Article III Standing 52 2.1.1 Applicable Supreme Court Rulings on Standing 53 2.1.2 Lower Court Rulings on Standing in Data Breach Cases 57 2.1.2.1 Injury-in-Fact 57 2.1.2.1.1 Broad View of Injury-in-Fact 57 2.1.2.1.2 Narrow View of Injury-in-Fact 60 2.1.2.2 Fairly Traceable 62 2.1.2.3 Redressability 63 2.2 Common Causes of Action Arising from Data Breaches 64 2.2.1 Negligence 64 2.2.1.1 Legal Duty and Breach of Duty 65 2.2.1.2 Cognizable Injury 66 2.2.1.3 Causation 69 2.2.2 Negligent Misrepresentation or Omission 70 2.2.3 Breach of Contract 72 2.2.4 Breach of Implied Warranty 76 2.2.5 Invasion of Privacy by Publication of Private Facts 80 2.2.6 Unjust Enrichment 81 2.2.7 State Consumer Protection Laws 82 2.3 Class Action Certification in Data Breach Litigation 84 2.4 Insurance Coverage for Cybersecurity Incidents 90 2.5 Protecting Cybersecurity Work Product and Communications from Discovery 94 2.5.1 Attorney-Client Privilege 96 2.5.2 Work Product Doctrine 98 2.5.3 Non-Testifying Expert Privilege 101 2.5.4 Applying the Three Privileges to Cybersecurity: Genesco v. Visa 102 3 Cybersecurity Requirements for Specific Industries 105 3.1 Financial Institutions: Gramm Leach Bliley Act Safeguards Rule 106 3.1.1 Interagency Guidelines 106 3.1.2 Securities and Exchange Commission Regulation S P 109 3.1.3 FTC Safeguards Rule 110 3.2 Financial Institutions and Creditors: Red Flag Rule 112 3.2.1 Financial Institutions or Creditors 113 3.2.2 Covered Accounts 113 3.2.3 Requirements for a Red Flag Identity Theft Prevention Program 114 3.3 Companies That Use Payment and Debit Cards: Payment Card Industry Data Security Standard (PCI DSS) 115 3.4 Health Providers: Health Insurance Portability and Accountability Act (HIPAA) Security Rule 118 3.5 Electric Utilities: Federal Energy Regulatory Commission Critical Infrastructure Protection Reliability Standards 124 3.5.1 CIP 003 6: Cybersecurity Security Management Controls 124 3.5.2 CIP 004 6: Personnel and Training 125 3.5.3 CIP 006 6: Physical Security of Cyber Systems 125 3.5.4 CIP 007 6: Systems Security Management 125 3.5.5 CIP 009 6: Recovery Plans for Cyber Systems 126 3.5.6 CIP 010 2: Configuration Change Management and Vulnerability Assessments 126 3.5.7 CIP 011 2: Information Protection 126 3.6 Nuclear Regulatory Commission Cybersecurity Regulations 127 4 Cybersecurity and Corporate Governance 133 4.1 Securities and Exchange Commission Cybersecurity Expectations for Publicly Traded Companies 134 4.1.1 10-K Disclosures: Risk Factors 135 4.1.2 10-K Disclosures: Management s Discussion and Analysis of Financial Condition and Results of Operations (MD&A) 137 4.1.3 10-K Disclosures: Description of Business 137 4.1.4 10-K Disclosures: Legal Proceedings 138 4.1.5 10-K Disclosures: Examples 138 4.1.5.1 Wal-Mart 138 4.1.5.2 Berkshire Hathaway 142 4.1.5.3 Target Corp 143 4.1.6 Disclosing Data Breaches to Investors 146 4.2 Fiduciary Duty to Shareholders and Derivative Lawsuits Arising from Data Breaches 149 4.3 Committee on Foreign Investment in the United States and Cybersecurity 151 4.4 Export Controls and the Wassenaar Arrangement 153 5 Anti-Hacking Laws 157 5.1 Computer Fraud and Abuse Act 158 5.1.1 Origins of the CFAA 158 5.1.2 Access without Authorization and Exceeding Authorized Access 159 5.1.2.1 Narrow View of Exceeds Authorized Access and without Authorization 161 5.1.2.2 Broader View of Exceeds Authorized Access and without Authorization 165 5.1.2.3 Attempts to Find a Middle Ground 167 5.1.3 The Seven Sections of the CFAA 168 5.1.3.1 CFAA Section (a)(1): Hacking to Commit Espionage 170 5.1.3.2 CFAA Section (a)(2): Hacking to Obtain Information 170 5.1.3.3 CFAA Section (a)(3): Hacking a Federal Government Computer 174 5.1.3.4 CFAA Section (a)(4): Hacking to Commit Fraud 176 5.1.3.5 CFAA Section (a)(5): Hacking to Damage a Computer 179 5.1.3.5.1 CFAA Section (a)(5)(A): Knowing Transmission That Intentionally Damages a Computer without Authorization 179 5.1.3.5.2 CFAA Section (a)(5)(B): Intentional Access without Authorization That Recklessly Causes Damage 182 5.1.3.5.3 CFAA Section (a)(5)(C): Intentional Access without Authorization That Causes Damage and Loss 183 5.1.3.5.4 CFAA Section (a)(5): Requirements for Felony and Misdemeanor Cases 184 5.1.3.6 CFAA Section (a)(6): Trafficking in Passwords 186 5.1.3.7 CFAA Section (a)(7): Threatening to Damage or Obtain Information from a Computer 188 5.1.4 Civil Actions under the CFAA 191 5.1.5 Criticisms of the CFAA 193 5.2 State Computer Hacking Laws 196 5.3 Section 1201 of the Digital Millennium Copyright Act 199 5.3.1 Origins of Section 1201 of the DMCA 200 5.3.2 Three Key Provisions of Section 1201 of the DMCA 201 5.3.2.1 DMCA Section 1201(a)(1) 201 5.3.2.2 DMCA Section 1201(a)(2) 206 5.3.2.2.1 Narrow Interpretation of Section (a)(2): Chamberlain Group v. Skylink Technologies 207 5.3.2.2.2 Broad Interpretation of Section (a)(2): MDY Industries, LLC v. Blizzard Entertainment, Inc. 209 5.3.2.3 DMCA Section 1201(b)(1) 213 5.3.3 Section 1201 Penalties 215 5.3.4 Section 1201 Exemptions 216 5.3.5 The First Amendment and DMCA Section 1201 222 5.4 Economic Espionage Act 225 5.4.1 Origins of the Economic Espionage Act 226 5.4.2 Criminal Prohibitions on Economic Espionage and Theft of Trade Secrets 227 5.4.2.1 Definition of Trade Secret 228 5.4.2.2 Knowing Violations of the Economic Espionage Act 232 5.4.2.3 Purpose and Intent Required under Section 1831: Economic Espionage 232 5.4.2.4 Purpose and Intent Required under Section 1832: Theft of Trade Secrets 234 5.4.3 Civil Actions for Trade Secret Misappropriation: The Defend Trade Secrets Act of 2016 236 5.4.3.1 Definition of Misappropriation 237 5.4.3.2 Civil Seizures 238 5.4.3.3 Injunctions 239 5.4.3.4 Damages 239 5.4.3.5 Statute of Limitations 240 6 Public-Private Cybersecurity Partnerships 241 6.1 U.S. Government s Civilian Cybersecurity Organization 242 6.2 Department of Homeland Security Information Sharing under the Cybersecurity Act of 2015 243 6.3 Energy Department s Cyber-Threat Information Sharing 247 6.4 Critical Infrastructure Executive Order and the National Institute of Standards and Technology s Cybersecurity Framework 248 6.5 U.S. Military Involvement in Cybersecurity and the Posse Comitatus Act 254 7 Surveillance and Cyber 257 7.1 Fourth Amendment 258 7.1.1 Was the Search or Seizure Conducted by a Government Entity or Government Agent? 259 7.1.2 Did the Search or Seizure Invade an Individual s Protected Interests? 263 7.1.3 Did the Government Have a Warrant? 267 7.1.4 If the Government Did Not Have a Warrant, Did an Exception to the Warrant Requirement Apply? 269 7.1.5 Was the Search or Seizure Reasonable under the Totality of the Circumstances? 271 7.2 Electronic Communications Privacy Act 273 7.2.1 Stored Communications Act 274 7.2.1.1 Section 2701: Third Party Hacking of Stored Communications 276 7.2.1.2 Section 2702: Restrictions on Service Providers Ability to Disclose Stored Communications and Records to the Government and Private Parties 277 7.2.1.2.1 The Cybersecurity Act of 2015: Allowing Service Providers to Disclose Cybersecurity Threats to the Government 280 7.2.1.3 Section 2703: Government s Ability to Force Service Providers to Turn over Stored Communications and Customer Records 282 7.2.2 Wiretap Act 284 7.2.3 Pen Register Act 288 7.2.4 National Security Letters 289 7.3 Communications Assistance for Law Enforcement Act (CALEA) 291 7.4 Encryption and the All Writs Act 292 8 Cybersecurity and Federal Government Contractors 297 8.1 Federal Information Security Management Act 298 8.2 NIST Information Security Controls for Government Agencies and Contractors 299 8.3 Classified Information Cybersecurity 304 8.4 Covered Defense Information and Controlled Unclassified Information 307 9 Privacy Laws 315 9.1 Section 5 of the FTC Act and Privacy 316 9.2 Health Insurance Portability and Accountability Act 322 9.3 Gramm-Leach-Bliley Act and California Financial Information Privacy Act 324 9.4 CAN-SPAM Act 325 9.5 Video Privacy Protection Act 326 9.6 Children s Online Privacy Protection Act 328 9.7 California Online Privacy Laws 330 9.7.1 California Online Privacy Protection Act (CalOPPA) 330 9.7.2 California Shine the Light Law 331 9.7.3 California Minor Eraser Law 333 9.8 Illinois Biometric Information Privacy Act 335 10 International Cybersecurity Law 337 10.1 European Union 338 10.2 Canada 344 10.3 China 348 10.4 Mexico 351 10.5 Japan 354 Appendix A: Text of Section 5 of the FTC Act 359 Appendix B: Summary of State Data Breach Notification Laws 367 Appendix C: Text of Section 1201 of the Digital Millennium Copyright Act 411 Appendix D: Text of the Computer Fraud and Abuse Act 423 Appendix E: Text of the Electronic Communications Privacy Act 431 Index 483

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Book SynopsisThis book comprehensively explores the revolution in the use of electronic negotiable instruments and negotiable documents through a thorough examination of the UNCITRAL Model Law on Electronic Transferable Records. The Model Law, a product of the United Nations Commission on International Trade Law, provides the most current and complete law for electronic negotiable instruments. To understand the short 19 articles and explanatory notes of the Model Law requires an extensive background not only in the current practices of digital trade, but also a thorough understanding of the substantive law of negotiable instruments and negotiable documents. This book provides a full and understandable guide through these areas of the law. The authors, all of whom were instrumental in the formation of the Model Law, bring their years of experience in international commercial law to this in-depth and practical examination of this important text. The book is an invaluable resource both for novice as well as experienced commercial, maritime and banking lawyers, for economic policy makers, supply chain management specialists, and for anyone interested in keeping abreast of the fast-changing world of digital trade.Table of Contents1. Introduction 2. Pre-Existing Solutions 3. The Provisions of the MLETR 4. Applications and Technologies 5. Guide to Enactment and Variations

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Book SynopsisElectronic commerce is big business, and it is getting bigger: it now accounts for 7.5 percent of all retail sales in the US, and continues to expand at double-digit annual rates. The steady growth of Internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance and privacy.With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law.Contributors include: A. Bridy, N.R. Cahn, I. Calbol, M.W. Carroll, C.M. Hayes, S.J. Hughes, A. Katz, J.P. Kesan, N.S. Kim, C.L. Kunz, A.R. Levinson, D. Lindsay, C. Markou, S.T. Middlebrook, J. Moringiello, E.A. Morse, J.P. Nehf, C. Riefa, S.E. Rolland, J.A. Rothchild, A.J. Schmitz, D.J. Shakow, S.B. Spencer, H. Travis, M. Trimble, A. Vranaki, S. Walsh, J. WinnTrade Review'Editor John Rothchild, who is himself a well-regarded author in the field of e-commerce, has gathered an impressive assembly of well-known authors for this fine Handbook of essays relating to many specific aspects of the ever-burgeoning global e-commerce revolution. The essays deliver clear information and evaluations regarding intellectual property, contracts, payment systems, dispute resolution, trade agreements, cloud computing, taxation, extraterritoriality/international conflict of laws, consumer protection, regulatory approaches, and much, much more. The Handbook will be of great value for legal and business practitioners, or for anyone else seeking information about how the law has so far dealt with e-commerce, plus expert suggestions for how the law might deal with it in the future.' --Margaret Jane Radin, University of Toronto Faculty of Law, Canada, and University of Michigan Law School'This Research Handbook, by presenting readers with a valuable opportunity to view--through a variety of ''windows''--the complex and multi-faceted regulatory environment for the expanding world of online commercial activities, is a timely addition to the library on the laws of e-commerce.' --Roger Brownsword, King's College London, UKTable of ContentsContents: PART I ENGAGING WITH ONLINE RESOURCES Section A: Online Contracting 1. Wrap contracting and the online environment: Causes and cures Nancy S. Kim Section B: Payments 2. Substitutes for legal tender: Lessons from history for the regulation of virtual currencies Stephen T. Middlebrook and Sarah Jane Hughes 3. Mobile payments and financial inclusion: Kenya, Brazil, and India as case studies Jane K. Winn Section C: Access to Digital Assets 4. Digital assets and fiduciaries Suzanne Brown Walsh, Naomi Cahn and Christina L. Kunz PART II: Disputes Arising from Online Engagement Section D: Intellectual Property: Copyright 5. The economics of book digitization and the Google Books litigation Hannibal Travis 6. Digital exhaustion: North American observations Ariel Katz 7. Safe harbors from intermediary liability and social media Michael W. Carroll 8. Copyright's digital deputies: DMCA-plus enforcement by Internet intermediaries Annemarie Bridy Section E: Intellectual Property: Trademarks 9. Contributory trademark infringement on the Internet: Shouldn’t intermediaries finally know what they need to “know” and “control”? Irene Calboli Section F: Intellectual Property: Patents 10. Patent eligible subject matter after Alice Jay P. Kesan and Carol M. Hayes Section G: Enforcement: Jurisdiction Over Online Disputes 11. Extraterritorial enforcement of national laws in connection with online commercial activity Marketa Trimble Section H: Enforcement: Secured Financing 12. Electronic issues in secured financing Juliet M. Moringiello Section I: Enforcement: Alternative Dispute Resolution 13. Building trust in ecommerce through online dispute resolution Amy J. Schmitz Section J: Social Media and the Workplace 14. Social media and the National Labor Relations Board Ariana R. Levinson PART III REGULATORY OVERSIGHT OF ONLINE CONDUCT Section K: Consumer Protection 15. Consumer protection issues in cross-border ecommerce Sonia E. Rolland 16. App-solutely protected? The protection of consumers using mobile apps in the European Union Christiana N. Markou and Christine Riefa Section L: Network Neutrality 17. Understanding network neutrality John A. Rothchild Section M: Regulated Industries Online 18. Regulation of online gambling Edward A. Morse Section N: Privacy 19. Protecting privacy with “heightened” notice and choice James P. Nehf 20. Predictive analytics, consumer privacy, and ecommerce regulation Shaun B. Spencer 21. Cloud investigations by European data protection authorities: An empirical account Asma A.I. Vranaki Section O: Domain Names Domain name governance: “Scheherazade on steroids” David F. Lindsay Section P: Taxation of Online Transactions 23. The taxation of cloud computing and digital content David J. Shakow Index

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Book SynopsisSignificantly revised and expanded, this important book addresses the key pieces of EU legislation in the field of e-commerce, including on consumer rights, copyright, electronic identification, open internet access, electronic payments, competition law and digital content.Key features of this second edition include: thoroughly up-to-date analysis of decisions of the Court of Justice and the Commission article-by-article commentary on the latest directives and regulations in the field of e-commerce a unique structure featuring detailed tables of cases and legislation and paragraph references, enabling easy access to all substantive legal provisions new chapters featuring analysis of services in the internal market, copyright in the Digital Single market, measures concerning open internet access and more. This unique work provides an updated account of the essential pieces of EU legislation on e-commerce. Legal practitioners will benefit from the clear structure and close examination of key provisions. The book will also appeal to legal scholars and advanced students, who will appreciate the concise overview and thoughtful analysis on future developments in the field.Trade Review‘EU Regulation of E-Commerce: A Commentary is an invaluable resource for researchers and students interested in the regulation of digital environments. This edited volume contains an impressive range of scholars, and depth of analysis. In a fast-moving field, this volume covers the most important European directives and regulations dealing with subjects that range from copyright to consumer protection. The editors are some of the most recognised scholars in the field, and this is a valuable addition to any library.’ -- Andres Guadamuz, University of Sussex, UK‘This is an important contribution to understanding the most important policy objective of the European Union: the growth of a safe and secure, trustworthy, and legally accountable framework for transactional e-Commerce, that respects not only fundamental rights but the private rights of stakeholders. An excellent range of contributors offers chapters, not only about the ex-ante rules and protections available for consumers, rightsholders, and the supply of digital content but the range of ex-post remedies and enforcement mechanisms available in the EU.' -- Mark Leiser, Leiden University, the NetherlandsTable of ContentsContents: Preface xix 1 The European Union and E-Commerce 1 Arno R. Lodder and Andrew D. Murray 2 Directive 2003/31/EC on Certain Legal Aspects of Information Society Services, in particular Electronic Commerce in the Internal Market 18 Arno R. Lodder 3 Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society 64 Tatiana Eleni Synodinou 4 Directive 2006/123/EC on Services in the Internal Market 115 Martien Schaub 5 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Consumer Rights 152 Christiana Markou 6 Directive 2013/11/EU on Alternative Dispute Resolution for Consumers and Regulation (EC) 524/2013 on Online Dispute Resolution 223 Pablo Cortés 7 Regulation (EU) No 910/2014 on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market (EIDAS Regulation) 248 Jos Dumortier 8 Regulation 2015/2120/EU Laying down Measure Concerning Open Internet Access 282 Andrew Murray 9 Directive 2019/790/EU (Directive on Copyright and Related Rights in the Digial Single Market) 309 Luke McDonagh 10 Directive (EU) 2019/770 on Certain Aspects Concerning Contracts for the Supply of Digital Content and Digital Services 335 Jorge Morais Carvalho 11 Regulation 2019/1150/EU on Promoting Fairness and Transparency for Business Users of Online Intermediation Services 365 Andrej Savin 12 Electronic Payments and Consumer Protection 387 Christine Riefa and Pamela Nika 13 E-commerce and EU Competition Law 428 Sonia Jóźwiak-Górny, Magdalena Jóźwiak and Artur Szmigielski Index

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Book SynopsisSince the introduction of the European Unfair Contract Terms Directive (UCTD), there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.Illuminating the ways in which digital technology has revolutionised markets and caused a growing number of traders to transition to online business models, Unfair Contract Terms in the Digital Age assesses how the modern contracting landscape adversely impacts consumers. Chapters explore the manifold risks of digitalisation, addressing issues from the lack of transparency of website terms and conditions to the new reach of mass market operators exerting control over European consumers. Against the backdrop of this digital transformation, the book evaluates the key features of the UCTD, questioning whether the Directive can adequately protect Europe’s online consumers and counter the perils of unfair terms in standard form contracts. This cutting-edge book is an invaluable resource for scholars and students of consumer law, regulation, and public policy. Policy-makers in EU institutions will also benefit from its assessment of unfair terms law in the digital era.Trade Review‘An excellent, timely and thought-provoking piece of scholarship which provides an essential and very welcome addition to the consumer law library.’ -- James Devenney, University of Reading, UK‘Unfair Contract Terms in the Digital Age offers an excellent critical perspective on adaptation and suitability of the impactful rules on unfair contract terms to respond to the challenges brought by digitalisation of the market. A must-read for every consumer, contract and digital law scholar and practitioner.’ -- Mateja Durovic, King’s College London, UK‘Besides a thorough basis for the study of unfair terms legislation in Europe, and arguments for the improvement thereof, this book offers valuable insights in how the underdeveloped transparency requirement could fulfill a pivotal role in protecting online consumers.’ -- Marco Loos, University of Amsterdam, the Netherlands‘Building on an insightful and clear explanation of the law of unfair terms in the online context, this work proposes practical ways to make the legal controls more effective and consistently applied.’ -- Geraint Howells, University of Manchester, UKTable of ContentsContents: Introduction to Unfair Contract Terms in the Digital Age PART I STANDARD FORM CONTRACTS AND ‘UNFAIRNESS’ UNDER THE UCTD 1. Standard form consumer contracts: the background and context 2. The UCTD: background and scope 3. Unfairness under the UCTD and recommendations for a more uniform European Standard PART II THE UCTD AND TRANSPARENCY IN ONLINE CONTRACTS 4. The transparency principle of the UCTD 5. Transparency and the online consumer PART III ENFORCEMENT UNDER THE UCTD AND SUGGESTIONS FOR A REVISED EU-LEVEL APPROACH 6. Enforcement under the UCTD: challenges and limitations 7. The CPC Network and a positive enforcement approach Bibliography Index

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Book SynopsisThis extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions. Examining the constitutional context within which the Internet is regulated, and the policies that have informed this regulation over the years, Andrej Savin explores recent policy documents on illegal and harmful content online, communications on platforms and the 2020 Digital Single Market strategy, as well as further developments in the case law of the Court of Justice of the European Union. He also investigates key issues such as electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, criminal regulation, and recent developments in GDPR. This third edition of EU Internet Law will be a crucial read for academics, students, and practitioners working at the intersections of the Internet, technology, and commercial, economic and information law across the EU and beyond.Trade Review'From the very first lines of the "Preface" until the "Way forward" addressed in the last section, this very well written book covers all main areas of EU internet law regulation, and has been a valuable source ever since the first edition, for both practicing lawyers and scholars. Andrej Savin is one of the few all-round internet law specialists, and masters uniquely the broad spectrum of internet law ranging from telecommunication law, ISP liability, cyber security, contracting, data protection, etc.' -- Arno R. Lodder, Vrije Universiteit Amsterdam, the Netherlands'This book by Andrej Savin is an excellent masterpiece coping with the phenomenon of "Internet law", which has been underevaluated as its objective seems to be opaque and horizontal and does not fit into the general classification of legal areas. Savin's aim is not to provide an in-depth analysis of EU copyright, EU privacy or EU consumer protection - rather the book tackles an overall analysis of how all the different disciplines fit together with regard to the Internet regulation and policies of the EU. Even though Savin does not claim to scrutinize every detail of legal areas that are relevant, he succeeds in writing an outstanding book which provides a thorough overview of Internet policies and regulations. The third edition takes all recent developments into account, from the forthcoming Digital Services Act to the recently adopted Digital Content Directive, as well as new decisions of the CJEU. Hence, for everybody who is interested in the development of EU Internet Law I can strongly recommend this book.' -- Gerald Spindler, University of Gottingen, GermanyTable of ContentsContents: Preface 1. Internet regulation in the European Union 2. Electronic commerce 3. International jurisdiction and applicable law 4. Speech and content regulation 5. Liability of intermediaries 6. Intellectual property 7. Consumer protection and marketing 8. Data protection and privacy 9. Digital identity and electronic payments 10. Cybercrime and cybersecurity 11. Concluding remarks Index

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Book Synopsis

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