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Cyberthreats And The Decline Of The Nation State

Author: Susan W. Brenner
Publisher: Routledge
ISBN: 113444382X
Size: 19.91 MB
Format: PDF, ePub
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This book explores the extraordinary difficulties a nation-state’s law enforcement and military face in attempting to prevent cyber-attacks. In the wake of recent assaults including the denial of service attack on Estonia in 2007 and the widespread use of the Zeus Trojan Horse software, Susan W. Brenner explores how traditional categories and procedures inherent in law enforcement and military agencies can obstruct efforts to respond to cyberthreats. Brenner argues that the use of a territorially-based system of sovereignty to combat cyberthreats is ineffective, as cyberspace erodes the import of territory. This problem is compounded by the nature of cybercrime as a continually evolving phenomenon driven by rapid and complex technological change. Following an evaluation of the efficacy of the nation-state, the book goes on to explore how individuals and corporations could be integrated into a more decentralized, distributed system of cyberthreat control. Looking at initiatives in Estonia and Sweden which have attempted to incorporate civilians into their cyber-response efforts, Brenner suggests that civilian involvement may mediate the rigid hierarchies that exist among formal agencies and increase the flexibility of any response. This book will be of great interest to students and researchers of information technological law and security studies.

The Regulation Of Internet Pornography

Author: Abhilash Nair
Publisher: Routledge
ISBN: 1317538285
Size: 10.78 MB
Format: PDF, ePub
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The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.

Balancing Privacy And Free Speech

Author: Mark Tunick
Publisher: Routledge
ISBN: 1317650379
Size: 70.22 MB
Format: PDF, Kindle
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In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society’s interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a ‘right to be forgotten’, Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Law Technology And Dispute Resolution

Author: Riikka Koulu
Publisher: Routledge
ISBN: 1351370391
Size: 20.30 MB
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The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.