Author : Julia Hörnle
Publisher : Oxford University Press, USA
Page : 545 pages
File Size : 42,30 MB
Release : 2021-01-07
Category : Law
ISBN : 0198806922
Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Author : Dan Jerker B. Svantesson
Publisher : Oxford University Press
Page : 289 pages
File Size : 15,45 MB
Release : 2017
Category : Law
ISBN : 019879567X
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.
Author : Julia Hörnle
Publisher : Oxford University Press
Page : 494 pages
File Size : 20,97 MB
Release : 2021-01-07
Category : Law
ISBN : 0192529951
From a technological standpoint, geography is largely irrelevant. Data flows through the internet without regard for political borders or territories. Services, communication, and interaction can occur online between persons who may be in different countries. Illegal activities, like hacking, cyberespionage, propagating terrorist propaganda, defamation, revenge porn, and illegal marketplaces may all be remotely targeted and accessed from various countries. As such, the internet has created an interesting and complex set of challenges for the concept of jurisdiction and conflicts of law. This title takes a comparative approach covering the EU, UK, US, Germany, and China. Broken into four parts, this book delves into the notion of jurisdiction as it relates to the internet. Part I focuses on the different meanings of the concept of jurisdiction, from a legal and historical perspective, and distinguishing between the different branches of government. It will highlight the challenges created by the internet, including social media and cloud computing. Part II analyses criminal jurisdiction, in regards to both jurisdictions in cybercrime cases and jurisdictional issues relating to criminal investigations (access to the cloud) and enforcement. Part III examines jurisdiction and applicable law in civil and commercial matters, such as e-commerce B2B and B2C contracts, torts typically occurring online, and online defamation and privacy infringement. Finally, Part IV looks at regulatory jurisdiction, examining the power of the executive (whether an arm of government or independent regulator) to apply and enforce national law. It will look at aspects like the provision of online audio-visual media services and online gambling services, both of which are heavily regulated, but which can be easily provided remotely from different jurisdictions. The book concludes by analysing how the concept of jurisdiction should be adapted to ensure the rule of law by nation states and prevent international conflicts between states. This title gives a comprehensive look at the complicated subject of internet jurisdiction, essential for all dealing with jurisdictions in the modern age.
Author : Pedro De Miguel Asensio
Publisher : Edward Elgar Publishing
Page : 561 pages
File Size : 38,22 MB
Release : 2024-05-02
Category : Law
ISBN : 1035315130
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author : James Grimmelmann
Publisher :
Page : 0 pages
File Size : 31,74 MB
Release : 2024
Category : Internet
ISBN : 9781943689200
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 15,88 MB
Release : 2007
Category : Law
ISBN : 9781590318737
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Joanna Kulesza
Publisher : Routledge
Page : 228 pages
File Size : 41,56 MB
Release : 2012-03-15
Category : Law
ISBN : 1136337946
This book discusses the international legal issues underlying Internet Governance and proposes an international solution to its problems. The book encompasses a wide spectrum of current debate surrounding the governance of the internet and focuses on the areas and issues which urgently require attention from the international community in order to sustain the proper functioning of the global network that forms the foundation of our information fuelled society. Among the topics discussed are international copyright protection, state responsibility for cyber-attacks (cyberterrorism), and international on-line privacy protection. Taking a comparative approach by examining how different jurisdictions such as the United States, the European Union, China and Singapore have attempted various solutions to the problem of Internet Governance, the author offers a practical solution to the problem and is a proponent of International Internet Law. Kulesza suggests that just as in the case of International Environmental Law, an Internet Framework Convention could shape the starting point for international cooperation and lead to a clear, contractual division of state jurisdictional competences. International Internet Law is of particular interest to legal scholars engaged with the current challenges in international law and international relations, as well as students of law, international relations and political science. The issues discussed in the book are also relevant to journalists and other media professionals, facing the challenges of analyzing current international developments in cyberspace.
Author : HORNLE.
Publisher :
Page : pages
File Size : 33,4 MB
Release :
Category :
ISBN : 9780191844454
Author : Thomas J. Shaw
Publisher : Createspace Independent Publishing Platform
Page : 436 pages
File Size : 33,83 MB
Release : 2016-08-11
Category :
ISBN : 9781535378284
The worlds of today and tomorrow rely upon open networks connecting far-flung participants exchanging information both personal and commercial. Bringing some certainty to this very dynamic environment are the legal foundations supporting the free flow of information over the Internet. New lawyers, lawyers new to information and Internet law, lawyers updating their knowledge on the latest statutes and cases, and lawyers desiring a global comparative legal perspective are among the audiences who require this single resource to consolidate their understanding of global information and Internet law. This book provides insight by looking at current statutes, regulations, and directives in the United States and Europe, supplemented by statutes in Asia and the Americas ex-U.S. It discusses and identifies issues raised by the latest U.S. and EU cases on protection of information and use of the Internet. It starts with a risk-based, lifecycle approach to this area of law. The areas of information law addressed: privacy, information security, and data protection law, unlawful data disclosures through cybercrime and data breach, and lawful data disclosures related to messaging and surveillance. The areas of Internet law addressed: access, jurisdiction, speech, intermediary liability, intellectual property, e-commerce, and website agreements. Bringing a unique perspective to explain a complex topic, the author has written numerous books on legal technology and legal history, writes and speaks extensively on the latest developments in technology law, teaches U.S.-EU comparative law school courses on information, Internet, and emerging technologies law, and had worked in complementary disciplines across the major parts of the world. This book is the result of those many years of experience and insight.
Author : Ralph Gaebler
Publisher : Martinus Nijhoff Publishers
Page : 590 pages
File Size : 30,92 MB
Release : 2014-06-05
Category : Law
ISBN : 9004272224
Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice
