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Jurisdiction And The Internet

Author: Uta Kohl
Publisher: Cambridge University Press
ISBN: 1139467603
Size: 71.50 MB
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Which state has and should have the right and power to regulate sites and online events? Who can apply their defamation or contract law, obscenity standards, gambling or banking regulation, pharmaceutical licensing requirements or hate speech prohibitions to any particular Internet activity? Traditionally, transnational activity has been 'shared out' between national sovereigns with the aid of location-centric rules which can be adjusted to the transnational Internet. But can these allocation rules be stretched indefinitely, and what are the costs for online actors and for states themselves of squeezing global online activity into nation-state law? Does the future of online regulation lie in global legal harmonisation or is it a cyberspace that increasingly mirrors the national borders of the offline world? This 2007 book offers some uncomfortable insights into one of the most important debates on Internet governance.

Solving The Internet Jurisdiction Puzzle

Author: Dan Jerker B. Svantesson
Publisher: Oxford University Press
ISBN: 0192515209
Size: 67.92 MB
Format: PDF
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Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.

Principles Of Cybercrime

Author: Jonathan Clough
Publisher: Cambridge University Press
ISBN: 1316409295
Size: 76.48 MB
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Digital technology has transformed the way in which we socialise and do business. Proving the maxim that crime follows opportunity, virtually every advance has been accompanied by a corresponding niche to be exploited for criminal purposes; so-called 'cybercrimes'. Whether it be fraud, child pornography, stalking, criminal copyright infringement or attacks on computers themselves, criminals will find ways to exploit new technology. The challenge for all countries is to ensure their criminal laws keep pace. The challenge is a global one, and much can be learned from the experience of other jurisdictions. Focusing on Australia, Canada, the UK and the USA, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes. This new edition has been fully revised to take into account changes in online offending, as well as new case law and legislation in this rapidly developing area of the law.

Information Technology Law

Author: Diane Rowland
Publisher: Routledge
ISBN: 1136006486
Size: 39.23 MB
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The fifth edition of Information Technology Law continues to be dedicated to a detailed analysis of and commentary on the latest developments within this burgeoning field of law. It provides an essential read for all those interested in the interface between law and technology and the effect of new technological developments on the law. The contents have been restructured and the reordering of the chapters provides a coherent flow to the subject matter. Criminal law issues are now dealt with in two separate chapters to enable a more focused approach to content crime. The new edition contains both a significant amount of incremental change as well as substantial new material and, where possible, case studies have been used to illustrate significant issues. In particular, new additions include: • Social media and the criminal law; • The impact of the decision in Google Spain and the ‘right to be forgotten’; • The Schrems case and the demise of the Safe Harbour agreement; • The judicial reassessment of the proportionality of ICT surveillance powers within the UK and EU post the Madrid bombings; • The expansion of the ICANN gTLDs and the redesigned domain name registration and dispute resolution processes.

Jurisdiction In International Law

Author: Cedric Ryngaert
Publisher: Oxford University Press, USA
ISBN: 0199688516
Size: 67.91 MB
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The Net And The Nation State

Author: Uta Kohl
Publisher: Cambridge University Press
ISBN: 1107142946
Size: 29.29 MB
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Can the nation state survive the internet? Or will the internet be territorially fragmented along state boundaries? This book investigates these questions.

Censorship In Australia

Author: Gareth Griffith
Publisher:
ISBN: 9780731317073
Size: 40.45 MB
Format: PDF
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"The Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2001 was passed by the Legislative Council on 4 December 2001. The next day the Attorney General, the Hon [Bob] Debus MP, announced that ... he would refer the bill to the Legislative Council's Standing Committee on Social Issues. This paper presents a background to the main issue arising from the Bill, namely the regulation of Internet content, by placing it in the borader context of censorship law administration in Australia."--Executive summary.