Description
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, UK
Table 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
