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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03 July 2013

Finding Jurisdiction to Regulate Google and the Internet by Conall O'Reilly European Journal of Law and Technology

Abstract: In the recent case of Football Dataco v Sportradar, the High Court determined that questions of online jurisdiction hinge on the location of the web-server at hand.This paper aims first to highlight the flaws of this approach and, using Google's privacy policy as an example, to draw attention to the online dangers that it facilitates.

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23 June 2013

Global Internet Law in a Nutshell by Michael L. Rustad & Michael L. Rustad [Suffolk University Law School Research Paper] Social Science Research Network

Abstract: Global Internet law distills the main contours of settled Internet law, as well as areas that are still evolving. The goal is to provide the reader a succinct exposition of basic concepts and methods in diverse Internet law topics, as well as multiple perspectives on what shape the law should take. This second edition of the Nutshell expands the scope to include global developments, as well as U.S. Internet law because, since the previous edition, Internet law is less U.S. centric.

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23 May 2013

Virtual Crimes, Real Damages Part II: What Businesses Can Do Today to Protect Themselves from Cybercrime, and What Public-Private Partnerships are Attempting to Achieve for the Nation of Tomorrow by Fernando M. Pinguelo, Wayne Lee & Bradford W. Muller Virginia Journal of Law and Technology

In their first piece, Virtual Crimes, Real Damages: A Primer on Cybercrime In the United States and Efforts to Combat Cybercriminals, Pinguelo and Muller offered a straight-forward discussion of the major forms of cybercrimes affecting the government and business community today, along with a review of federal efforts to combat cybercrime and a compilation of federal and state cyber-related statutes and pending legislation.

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15 May 2013

Social Media Privacy - A Dozen Myths and Facts by Lothar Determann Stanford Technology Law Review

Social networks and media are one of the latest frontiers for lawyers, lawmakers, politicians, entrepreneurs and academics. No one seems to claim that social media is the final frontier or even a particularly revolutionary frontier. After all, media and social networks have been around for thousands of years in one form or another. But, most are genuinely fascinated with the new opportunities, risks, and questions presented by the recent rapid rise of novel technology platforms that allow people all over the world to connect and communicate in new ways.

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05 May 2013

Privacy in Cyberworld: Why Lock the Gate After the Horse Has Bolted? by Lisa Hannah 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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30 April 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. Drawing on, inter alia, the provisions of the DEA, a number of online copyright infringement cases and some European Court on Human Rights (ECtHR) jurisprudence, this paper evaluates the suitability of the graduated response approach to copyright enforcement where internet subscribers alleged to be unlawfully file-sharing will be disconnected from the internet following increasingly strong warnings.

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18 April 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 rightsholder, reliability of tracking methods or judicial review of the allegations.

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15 April 2013

Putting the "war" in cyberwar: Metaphor, analogy, and cybersecurity discourse in the United States by Sean Lawson First Monday

Abstract: Public policy discourse about cyber security in the United States is dominated by a metaphor of war and analogies to the Cold War. This essay critically evaluates the contradictory tendency within U.S. cyber war discourse to see cyber conflict as simultaneously revolutionary and unprecedented, but also amenable to the tenets of Cold War nuclear deterrence.

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07 April 2013

Role of ICANN in Internet Domain Name Dispute Resolution by S.V. Damodar Reddy [IUP Law Review] Social Science Research Network

Abstract: ICANN is an apex authority responsible for the administration of domain names, IP address numbers and protocol parameters. The domain name is much like an entry in a phone book. Computers communicate by using numbers called IP addresses to contact each other, much like we use a phone number to dial a specific person's phone.

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02 April 2013

Behavioral Advertising: The Cryptic Hunter and Gatherer of the Internet by Joanna Penn Federal Communications Law Journal

In an era where three out of every four Americans have Internet access, the term "surfing" has transformed from riding waves into running the risk of having private information gathered, stored, and disseminated -- all without the user's knowledge or permission. This newfound online practice, known as "behavioral advertising," is a veritable goldmine for those companies that know the game. But will the FTC or Congress soon make new rules concerning how to play?

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31 March 2013

OECD: Protecting and empowering consumers in the purchase of digital content products OECD

The spread of broadband, mobile devices and online and mobile payments usage are driving the expansion in digital content products. These can be downloaded, streamed or accessed through Internet Protocol TV on a range of channels including online retail platforms and social media.

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27 March 2013

Law and the Open Internet by Adam Candeub and Daniel McCartney Federal Communications Law Journal

The FCC has issued a new set of Internet access regulations and policies (namely Preserving the Open Internet Broadband Industry Practices, Report and Order, FCC 10-201, rel. Dec. 23, 2010), which would prohibit broadband service providers like AT&T or Comcast from discriminating against unaffiliated content providers. The FCC's proceedings, and the network neutrality debate, concentrate on two economic questions: (1) whether to broadband service providers can or will steer traffic to affiliated content limiting consumer access, and (2) how to preserve the Internet's capacity for creativity and innovation.

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18 March 2013

Copyright Fraud in the Internet Age: Copyright Management Information for Non-Digital Works Under the Digital Millennium Copyright Act by Russell W. Jacobs Stanford Technology Law Review

Abstract: With the advent of the digital age, authors of creative works enjoy the benefits of quickly and inexpensively distributing their works to global audiences. These developments have unfortunately led to the negative consequence that pirated, unauthorized, or altered copies reach potential users before the creator of the work releases the authentic version according to his or her terms. The Digital Millennium Copyright Act of 1998 sought to address some of these concerns by punishing circumventions of technologies controlling access to copyrighted works and by protecting "copyright management information," i.e. the data identifying the author and the terms of use of a copyrighted work.

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11 March 2013

Trust Drives Internet Use by Martin Ljunge [Univ. of Copenhagen Dept. of Economics Discussion Paper] Social Science Research Network

Abstract: This paper estimates the effect of trust on internet use by studying the general population as well as second generation immigrants in 29 European countries with ancestry in 87 nations. There is a significant positive effect of trust on internet use.

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04 March 2013

Toward Cyber Peace: Managing Cyber Attacks Through Polycentric Governance by Scott Shackelford Social Science Research Network

Abstract: Views range widely about the seriousness of cyber attacks and the likelihood of cyber war. But even framing cyber attacks within the context of a loaded category like war can be an oversimplification that shifts focus away from enhancing cybersecurity against the full range of threats now facing companies, countries, and the international community.

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26 February 2013

Patterns of Legalization in the Internet: Do We Need a Constitutional Theory for Internet Law? by Osvaldo Saldías [HIIG Discussion Paper] Social Science Research Network

Abstract:The paper acknowledges a growing web of legal norms that regulate governance aspects of the Internet. Some of these norms are legally binding; others are closer to what some scholars call soft law. In order to take stock of these developments, I propose an explorative typology that can bring some systematic order into the plurality of Internet norms.

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21 February 2013

Third-Party Tracking Cookies and Data Privacy by Ian D. Mitchell [Northern Kentucky University - Salmon P. Chase College of Law] Social Science Research Network

Abstract: Public discourse these days is replete with concerns about data security and information privacy. One of the major themes of these conversations is the concept of waiver and what rights to privacy are actually waived when engaging with parties over the internet. A significant mode of this theme involves the use of "cookies" which are surreptitiously installed on users' computer hard drives during common internet transactions.

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