Research

26 February 2014

The growing tension between copyright and personal data protection on an online environment: The position of Internet Service Providers according to the European Court of Justice by Maria Ioanna Rantou European Journal of Law and Technology

Abstract: Online piracy is one of the most interesting, complex and topical issues relating to copyright today. It is engaging because it appeals to academics as much as it does to the general public, and it is as crucial for the governments as it is for the stakeholders involved. Moreover, from a legal perspective, it presents a multitude of interesting aspects to explore.

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10 February 2014

Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law by Michael A. Arnold, Eric Darmon, Sylvain Dejean & Thierry PĂ©nard Social Science Research Network

Abstract: Most developed countries have tried to restrain digital piracy by strengthening laws against copyright infringement. In 2009, France implemented the Hadopi law. Under this law individuals receive a warning the first two times they are detected illegally sharing content through peer to peer (P2P) networks. Legal action is only taken when a third violation is detected. We analyze the impact of this law on individual behavior.

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27 January 2014

The Privilege of Speech and New Media: Conceptualizing China's Communications Law in the Internet Era by Rogier Creemers Social Science Research Network

Abstract: Even though Article 35 of the Chinese Constitution theoretically guarantees the freedom of speech and of the press, it is a well-known fact that in reality, speech in China can be very costly indeed. In the massive body of laws and regulations promulgated in the area of culture after 1979, there are ample provisions imposing severe punishment for many speech or press-related activities, while few provisions protect expression against State.

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20 January 2014

International Internet Governance, Innovation & The International Telecommunications Union by Jonathan Sallet Social Science Research Network

Abstract:The 19th Century telegraph and the 20th Century telephone are relatively simple mechanisms of communication. A single technology, widely deployed, with content supplied by its users. The Internet ecosystem is much more complex - bringing together divergent technologies of transmission (mobile and fixed), usage, storages, hardware and software - empowering very divergent forms of content, personalized on each device that is connected to the network of networks.

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12 January 2014

Enhanced Cooperation in Governance by Samantha Dickinson, William H. Dutton, Marilia Maciel, Desiree Miloshevic & Vladimir Radunovic Social Science Research Network

Abstract: The concept of enhanced cooperation in Internet governance arose with the Tunis Agenda for the Information Society. In the years since the Tunis Agenda was written, "enhanced cooperation" has remained subject to differing interpretations. To assist with ongoing discussions on how to further implement enhanced cooperation in international public policy issues pertaining to the Internet, this paper presents an overview of the World Summit on the Information Society (WSIS) documents and provides of description of a selection of activities in the Internet governance space where governments work with other stakeholders on issues related to international public policy.

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08 January 2014

Is Youtube a Copyright Infringer? The Liability of Internet Hosting Providers Under Spanish Law by Pedro Letai Social Science Research Network

Abstract: The working paper focuses on the current situation of Spanish legislation on Internet Service Providers liability, particularly dealing with the hosting service. It starts by presenting the Spanish liability system and the more salient peculiarities of the Spanish transposition of the safe harbors laid down in the E-Commerce Directive.

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03 January 2014

The Internet in China by Richard Cullen & D. W. Choy [Columbia Journal of Asian Law] Social Science Research Network

Abstract: The impact of the Internet on all spheres of life, political, commercial, and social, has been very significant. For a country like China, which regards modernization as a near absolute fundamental value, the allure of the Internet is immense.

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29 December 2013

China's Media: The Impact of the Internet by Richard Cullen & D. W. Choy [San Diego international Law Review] Social Science Research Network

Abstract: This article reviews the operation, growth and particularly the (often confused and complex) regulation of the Internet within the People's Republic of China; both the largest and most successful (by many measures) One Party State the world has seen.

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23 December 2013

The App Economy OECD

Mobile applications, also known as "apps", are a highly innovative and are an expanding sector of the economy, so policy makers are keen to maximise their innovative potential. Mobile platform markets are fiercely competitive, as highlighted by the recent rise and decline of platforms such as Blackberry, and governments are rightfully allowing market mechanisms to play out with minimal government intervention.

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17 December 2013

Censorship V3.1 by Derek E. Bambauer [Arizona Legal Studies Discussion Paper] Social Science Research Network

Abstract: Internet censorship has evolved. In Version 1.0, censorship was impossible; in Version 2.0, it was a characteristic of repressive regimes; and in Version 3.0, it spread to democracies who desired to use technology to restrain unwanted information. Its latest iteration, Version 3.1, involves near-ubiquitous censorship by democratic and authoritarian countries alike.

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26 November 2013

Privacy in Cyberworld: Why Lock the Gate After the Horse Has Bolted? by Lisa Collingwood European Journal of Law and Technology

Abstract: In this paper, the author sets out to critique the way in which the principles of off-line privacy protection apply in an on-line environment. The UK approach will be focused upon, the objective being to consider what (non-celebrity) on-line claimants might expect in bringing a privacy violation claim through the domestic courts. The essential characteristics of communicating on-line will be examined so as to explore the nature of an action in misuse of private information and the potential hurdles that require to be overcome before a claim in privacy violation can be remedied at common law.

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18 November 2013

Thinking Clearly About Multistakeholder Internet Governance by Dr. Laura DeNardis (American University ; Yale Information Society Project) & Mark Raymond (Centre for International Governance Innovation) Social Science Research Network

Abstract: Efforts to study and practice Internet governance start, virtually without exception, from the premise that the Internet is governed by an innovative, unusual (perhaps unique) 'multistakeholder' model. Preserving that model is a primary goal for the broader Internet community as well as for many governments, though not for all. Viewing multistakeholderism as a teleological goal for Internet governance creates several problems. First, multistakeholderism is often elevated as a value in itself rather than as a possible approach to meeting more salient public interest objectives such as preserving Internet interoperability, stability, security, and openness. Second, multistakeholder governance may not be appropriate in every functional area of Internet governance. Internet coordination is not a monolithic practice but rather a multilayered series of tasks of which some are appropriately relegated to the private sector, some the purview of traditional nation-state governance or international treaty negotiations, and some more appropriately multistakeholder. It is a misnomer to speak not only of multistakeholder governance but also of Internet governance as a single thing.

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28 October 2013

The Three Strikes And You Are Out Challenge by Felipe Romero Moreno European Journal of Law and Technology

Abstract: The UK Digital Economy Act 2010 (DEA), which comprises graduated response measures intended to prevent virtual intellectual property (IP) contravention has generated heated debate. While some research has started to investigate the provisions for dealing with online copyright infringement, little attention has been paid to the fact that technology is fast exceeding the confines of this legislation.

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14 October 2013

Three songs and you are disconnected from cyberspace? Not in Germany where the industry may 'turn piracy into profit' by Sandra Schmitz & Thorsten Ries European Journal of Law and Technology

Abstract: Musical and cinematographic works are shared on a large scale via the Internet, often disrespecting copyrights. State initiatives seek to curtail online copyright infringements in different ways; the latest being graduated response schemes, where the alleged infringer is initially warned twice before he is sanctioned. In this context questions arise inter alia as regards the identification of the actual infringer, information rights of the rights holder, reliability of tracking methods or judicial review of the allegations. In this context, it is of some interest to see how these questions are dealt with under similar regimes. This paper outlines how these questions and online copyright infringements in general are targeted under German civil law and how this has become a profitable tool of the music and film industry, in particular following the introduction of further information rights by the Enforcement Directive. It critically evaluates the recent developments in Germany and argues for a more restrictive interpretation of the relevant provision of the German Copyright Act.

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07 October 2013

The Internet Economy on the Rise: Progress since the Seoul Declaration OECD

This publication reviews progress made since the 2008 OECD Seoul Declaration for the Future of the Internet Economy and identifies areas for future work. Seven themes are addressed in the work as follows:

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30 September 2013

Response to the consultation by the Body of European Regulators in Electronic Communications BEREC on Net Neutrality Policy by Joseph Savirimuthu European Journal of Law and Technology

... On 22 June 2011, it was reported that the Netherlands became the first country in Europe to legislate for Network Neutrality principles. Information and communication service providers like mobile telephone operators are now banned from blocking or charging consumers extra for using Internet-based communication services. In the United States, the Federal Communications Commission adopted a set of rules for its Net Neutrality policy, which comes into operation on 20 November 2011. The industry has not fully endorsed this policy and has launched a legal challenge. Network Neutrality policymaking provokes a wide range of reactions as evidenced by consultation processes in the US, UK and EU. These reactions are in essence a product of the perspectives the various actors in this debate bring to bear (e.g. policymakers, industry, innovators, consumers and citizens) on questions relating to who can or should define the rules on what we access, how we access and what we consume from providers like ISPs, Google, Apple, Skype, broadcasting and telecommunication companies.

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13 September 2013

Response to the consultation by the Body of European Regulators in Electronic Communications BEREC on Net Neutrality Policy by Joseph Savirimuthu European Journal of Law and Technology

Abstract: This is a collaborative submission from a group of academics based in the UK with expertise in Information technology law and related areas. The preparation of the response has been funded by the British and Irish Law Education Law and Technology Association. The response has been co-ordinated by the Information Technology Think Tank, which is supported by the Arts & Humanities Research Council and led by the SCRIPT/AHRC Centre for Research and Intellectual Property and Technology, University of Edinburgh. This response has been prepared by Joseph Savirimuthu, a Lecturer in Law at the University of Liverpool.

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03 September 2013

Jurisdiction for Human Rights Violations on the Internet by Gregor Heissl European Journal of Law and Technology

Abstract: The lack of regional confinement is the Internet's main characteristic feature. Due to that the determination of jurisdiction for probable third party Human Rights violations is challenging. Existing regulations are strongly related to certain territories. This essay discusses a new approach from the US-American legal order including the aiming of the information.

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25 August 2013

Countering the dangers of online pornography - shrewd regulation of lewd content? by Julia Hornle European Journal of Law and Technology

Abstract: This Article will detail how the UK has responded to the greater risks posed by illegal online content by successively extending the reach of the substantive criminal laws and by taking preventative measures. It will focus on the example of laws on obscene content on the internet and associated online behaviour and in particular on the 'grooming' offences, the law on extreme pornography and virtual child abuse images.

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19 August 2013

Internet Governance is Our Shared Responsibility by Vinton G. Cerf, Patrick S. Ryan & Max Senges [A Journal of Law and Policy for the Information Society] Social Science Research Network

Abstract: This essay looks at the the different roles that multistakeholder institutions play in the Internet governance ecosystem. We propose a model for thinking of Internet governance within the context of the Internet's layered model. We use the example of the negotiations in Dubai in 2102 at the World Conference on International Telecommunications as an illustration for why it is important for different institutions within the governance system to focus on their respective areas of expertise (e.g., the ITU, ICANN, and IGF).

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15 August 2013

Response to the Consultation 'Regulating Online Gambling in the EU: Recent Developments and Current Challenges from the Internal Market Standpoint' by Abhilash Nair & Dinusha Mendis European Journal of Law and Technology

Abstract: This is a collaborative submission from a group of academics based in the UK with expertise in information technology law and related areas. The preparation of this response has been funded by the Information Technology Think Tank, which is supported by the Arts and Humanities Research Council and led by the SCRIPT/AHRC Centre for Research in Intellectual Property and Technology, University of Edinburgh.

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11 August 2013

Copyright enforcement measures: the role of the ISPs and the respect of the principle of proportionality by Alexandra Giannopoulou European Journal of Law and Technology

Abstract: In their effort to enforce a regulation system on the internet, several countries introduced the graduated response system (otherwise known as "three strikes and you're disconnected"). Since then, it started gaining popularity all over the world whether in a legislated form or in a form of private agreements between major copyright holders and internet service providers. On an international level, the final version of the Anti-Counterfeiting Trade Agreement (ACTA) was published on 3 December 2010. Although it does not directly suggest the application of a graduated response system, it establishes a legal ground on which member states can justify the instauration of such a system.

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01 August 2013

Name Suppression Orders and Web 2.0 Media: the New Zealand Experience by Jonathan Barrett European Journal of Law and Technology

Abstract: This commentary discusses the impact of Web 2.0 media on name suppression orders in New Zealand criminal trials. Specific consideration is given to offenders who are well known as they are most likely to attract the attention of bloggers.

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19 July 2013

Finding a Common Ground in the Quicksand of Online Defamation Developments by Lawrence Siry & Sandra Schmitz European Journal of Law and Technology

Abstract: Nowhere is the world smaller than on the Internet. With one mouse click, people from across the globe can re-acquaint themselves with old friends, research the unknown, read newspapers from faraway places and times. As the world cyber-shrinks, the ways in which governments and courts attempt to control the information on the web has become diverse and contradictory. Issues of national interest and international jurisdiction have stretched across all aspects of the web. We must find a more cooperative, coherent and consistent international policy, one which fosters the free flow of information, while protecting personality rights.

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08 July 2013

From Archie to Google:Search engine providers and emergent challenges in relation to EU competition law by Aysem Diker Vanberg European Journal of Law and Technology

Abstract: Search engines are crucial for locating and accessing the vast amount of digital content. Hence they are subject to close scrutiny by the media, governments and scholars. On November 30, 2010, the European Commission opened an antitrust investigation into allegations that Google Inc. has abused a dominant position in online search in violation of Article 102 of the Treaty on the Functioning of the European Union (Article 102 TFEU). The investigation sparked an ongoing debate in relation to the potential for anti-competitive conduct by search engines, in particular the potential for abuse of dominance.

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