The Internet and Constitutional Law


Book Description

This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.




Secondary Liability of Internet Service Providers


Book Description

This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.




Investigating and Preventing Crime in the Digital Era


Book Description

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis à vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.




Fundamental Rights Protection Online


Book Description

Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.




Digital Constitutionalism


Book Description

Investigating the impact of digital technology on contemporary constitutionalism, this book offers an overview of the transformations that are currently occurring at constitutional level, highlighting their link with ongoing societal changes. It reconstructs the multiple ways in which constitutional law is reacting to these challenges and explores the role of one original response to this phenomenon: the emergence of Internet bills of rights. Over the past few years, a significant number of Internet bills of rights have emerged around the world. These documents represent non-legally binding declarations promoted mostly by individuals and civil society groups that articulate rights and principles for the digital society. This book argues that these initiatives reflect a change in the constitutional ecosystem. The transformations prompted by the digital revolution in our society ferment under a vault of constitutional norms shaped for ‘analogue’ communities. Constitutional law struggles to address all the challenges of the digital environment. In this context, Internet bills of rights, by emerging outside traditional institutional processes, represent a unique response to suggest new constitutional solutions for the digital age. Explaining how constitutional law is reacting to the advent of the digital revolution and analysing the constitutional function of Internet Bills of Rights in this context, this book offers a global comparative investigation of the latest transformations that digital technology is generating in the constitutional ecosystem and highlights the plural and multilevel process that is contributing to shape constitutional norms for the Internet age.




Criminalizing Intimate Image Abuse


Book Description

Criminalizing Intimate Image Abuse strives to generate new conceptual and theoretical frameworks to address the legal responses to intimate image abuse by bringing together a number of scholars involved in the study of image abuse over recent years.




La Movimentista


Book Description

La movimentista racconta la storia di un gruppo di persone che avevano un sogno e, forse ancora ce l'hanno, quello di cambiare l'Italia. Partendo dagli ormai, storici meetup che, a Torino venne chiamato meetup13, fino ad arrivare alla nascita del Movimento 5 stelle, il libro fa un excursus sulle loro esperienze, aspettative e speranze ma, affronta anche le sue zone d'ombra e le scorrettezze di alcuni che, con il loro comportamento hanno tradito il vero significato della politica dal basso. Il famoso motto di Beppe Grillo, "Uno vale uno", non vale per tutti infatti, è stato disatteso e calpestato da alcuni che, pur di fare trionfare la loro voglia di carrierismo, hanno ordito una trama a danno di altri. E' però, anche la storia di una crescita personale e di che cosa significhi diventare delle persone consapevoli dei loro diritti, dei loro doveri, delle problematiche territoriali e che il cambiamento deve prima partire da noi stessi.




Cyber Law in Italy


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Italy covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.




Data Mining VIII


Book Description

Information Engineering Management has found applications in many areas, including environmental conservation, economic planning, resource integration, cartography, urban planning, risk assessment, pollution control and transport management systems. Technology plays an active role in the relationship of Data Mining to environmental conservation planning.Bringing together papers presented at the Eighth International Conference on Data, Text and Web Mining and their Business Applications, this book addresses the new developments in this important field. Featured topics include: Text Mining; Web Content, Structures and Usage Mining; Clustering Technologies; Categorisation Methods; Link Analysis; Data Preparation; Applications in Business, Industry and Government; Applications in Science Engineering; National Security; Customer Relationship Management; Competitive Intelligence; Mining Environment and Geospatial Data; Business Process Management (BPM); Enterprise Information Systems; Applications of GIS and GPS; Applications of MIS; Remote Sensing; Information Systems Strategies and Methodologies and Bio Informatics.




Innovations and Economic and Social Changes due to Artificial Intelligence: The State of the Art


Book Description

The book aims to deal with the main advances in the study of artificial intelligence, the digital and circular economy, and innovation from a multidisciplinary perspective. Whoever governs the artificial intelligence will hold the keys to the world and the future. This book explains the growing role of artificial intelligence in our lives and the need to understand its mechanisms. The book presents original research articles addressing various aspects of artificial intelligence applied to economics, law, management, and optimization. The topics discussed include economics, territorial policies, law, resource allocation strategies, information technology, and learning for inclusion. Combining the input of contributing professors and researchers from Italian and other foreign universities, the book is of interest to students, researchers, and practitioners, as well as members of the public in general, interested in the world of the artificial intelligence and economics.