This book explores what the American Civil Liberties Union calls the "third era" in cyberspace, in which filters "fundamentally alter the architectural structure of the Internet, with significant implications for free speech." Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multi-national corporations compete to produce tools and strategies for making it more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works. Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users’ infringing words and actions, potentially circumventing free speech rights. And as social networking and content-sharing sites have proliferated, so have the terms of service and content-detecting tools for detecting, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others. This book will be of interest to students of law, communications, political science, government and policy, business, and economics, as well as anyone interested in free speech and commerce on the internet.
This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la
This title was first published in 2003. This text is part of the "Law of Cyberspace" series, which deals with the legal aspects of the emerging information society and corresponding ethical matters. The book examines the international dimensions of cyberspace law and the timeliness of drawing up the most appropriate international standard instrument for this environment, exploring ways and means of achieving it and defining the organization's precise role in this respect. The text presents the framework that UNESCO is helping to develop for the international community, with the participation of all the actors in cyberspace, aiming to be ethical, flexible and technologically neutral, multiform, and universal.
Revised and updated to reflect new technologies in the field, the fourth edition of this popular text takes an in-depth look at the social costs and moral problems that have emerged by the ever expanding use of the Internet, and offers up-to-date legal and philosophical examinations of these issues. It focuses heavily on content control, free speech, intellectual property, and security while delving into new areas of blogging and social networking. Case studies throughout discuss real-world events and include coverage of numerous hot topics. In the process of exploring current issues, it identifies legal disputes that will likely set the standard for future cases. Instructor Resouces: -PowerPoint Lecture Outlines
This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.
For answers to questions relating to computers, the Internet and other digital technologies - and how to make them work for your clients - turn to this comprehensive, practical resource. Whether you're an experienced IT lawyer, a transactional or intellectual property attorney, an industry executive, or a general practitioner whose clients are coming to you with new issues, you'll find practical, expert guidance on identifying and protecting intellectual property rights, drafting effective contracts, understanding applicable regulations, and avoiding civil and criminal liability. Written by Michael D. Scott, who practiced technology and business law for 29 years in Los Angeles and Silicon Valley, Scott on Information Technology Law, Third Edition offers a real-world perspective on how to structure transactions involving computer products and services such as software development, marketing, and licensing. He also covers the many substantive areas that affect technology law practice, including torts, constitutional issues, and the full range of intellectual property protections. You'll find coverage of the latest issues like these: computer and cybercrime, including spyware, phishing, denial of service attacks, and more traditional computer crimes the latest judicial thinking on software and business method patents open source licensing outsourcing of IT services and the legal and practical issues involved in making it work and more To help you quickly identify issues, the book also includes practice pointers and clause-by-clause analysis of the most common and often troublesome provisions of IT contracts.
Since its original publication in 1999, this foundational book has become a classic in its field. This second edition, Code Version 2.0, updates the work and was prepared in part through a wiki, a web site allowing readers to edit the text, making this the first reader-edited revision of a popular book. Code counters the common belief that cyberspace cannot be controlled or censored. To the contrary, under the influence of commerce, cyberspace is becoming a highly regulable world where behavior will be much more tightly controlled than in real space. We can - we must - choose what kind of cyberspace we want and what freedoms it will guarantee. These choices are all about architecture: what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law and it is up to lawyers, policymakers, and especially average citizens to decide what values that code embodies. Publisher: Basic Books/Perseus.