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Human Rights in the Digital Age
The digital age began in 1939 with the construction of the first digital computer. In the sixty-five years that have followed, the influence of digitisation on our everyday lives has grown steadily and today digital technology has a greater influence on our lives than at any time since its development. This book examines the role played by digital technology in both the exercise and suppression of human rights. The global digital environment has allowed us to reinterpret the concept of universal human rights. Discourse on human rights need no longer be limited by national or cultural boundaries and individuals have the ability to create new forms in which to exercise their rights or even to ...
Hate Speech and Democratic Citizenship
Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
The Law of E-Commerce
The Law of E-Commerce E-Contracts , E-Business Electronic commerce raises some legal issues, including whether the contract must be in a particular form or authenticated; validity, time and place of communication; cross-offers and battle of forms. This book analyses the legal problems relating to contracts formed on the Internet, including the use of electronic agents, the enforceability of clickwrap agreements, electronic payments, and choice-of-law and jurisdiction issues. These issues are considered from the UK common law point of view and according to the SICG, UNIDROIT Principles, PECL, UNCITRAL Model Law, and the Uniform Commercial Code.
Regulating Audiovisual Services
In recent years, the changing nature of audiovisual services has had a significant impact on regulatory policy and practice. The adoption of digital technology means that broadcasting, cable, satellite, the Internet and mobile telephony are converging, enabling each of them to deliver the same kinds of content and allowing users to exercise much greater choice over the kind of material that they receive and when they receive it. The essays examine the implications for regulatory design, asking whether there is still a role for traditional-style state controls, or whether other techniques, such as competition in the market and self-regulation, are more appropriate. They also explore how, in the digital era, structural issues of media ownership and control become problems of access and interconnection between services and how content regulation focuses more on problems raised by the interactions between providers and users, the relationship between freedom of information and technologies to control it and the international reach of the new media.
Internet Jurisdiction Law and Practice
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 part...
Cross-border Online Gambling Law and Policy
This engaging book, written in an accessible and concise manner, methodically unravels the complexities of regulating cross-border online gambling. The focus of the wellresearched materials highlights the tensions which arise between the execution of national policies and the international ubiquity of internet-based trade. With well thought out examples the narrative illustrates how national policy choices clash with one another, not only via attempts to liberalize markets but also through the application of rules of private international law.
The Legal Challenges of Social Media
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
Internet Law
The common fallacy regarding cyberspace is that the Internet is a new jurisdiction, in which none of the existing rules and regulations apply. However, all the actors involved in an Internet transaction live in one or more existing jurisdictions, so rather than being unregulated, the Internet is arguably highly regulated. Worse, much of this law and regulation is contradictory and difficult, or impossible, to comply with. This 2004 book takes a global view of the fundamental legal issues raised by the advent of the Internet as an international communications mechanism. Legal and other materials are integrated to support the discussion of how technological, economic and political factors are shaping the law governing the Internet. Global trends in legal issues are addressed and the effectiveness of potential mechanisms for legal change that are applicable to Internet law are also examined. Of interest to students and practitioners in computer and electronic commerce law.
Legal Narratives in Victorian Fiction
The law holds up a mirror to society and reflects that society and its ongoing preoccupations. This book establishes legal interpretation as a mode of literary interpretation, contextualising the opinions and sociological background of literature within the context of the law of its period and examines the inherent role of the law in the construction of the narrative in the literature of the nineteenth century. From the approach to the operation of jurisprudence and legal application, to the prosecution of the poor, the criminological approach to moral panics and the use of the affirmative defence to mitigate women within society, this book explores the ways in which the authors of the perio...
Television Courtroom Broadcasting Effects
Court and policy makers have increasingly had to deal with—and sometimes even embrace—technology, from podcasts to the Internet. Televised courtroom broadcasting especially remains an issue. The debate surrounding the US Supreme Court and federal courts, as well as the great disparity between different forms of television courtroom broadcasting, rages on. What are the effects of television courtroom broadcasting? Does research support the arguments for or against? Despite three Supreme Court cases on television courtroom broadcasting, the common thread between the cases has not been highlighted. The Supreme Court in these cases maintains a common theme: there is not a sufficient body of research on the effects of televising courtroom proceedings to resolve the debate in a confident manner.
