The fifth edition of Information Technology Law continues to be dedicated to a detailed analysis of and commentary on the latest developments within this burgeoning field of law. It provides an essential read for all those interested in the interface between law and technology and the effect of new technological developments on the law. The contents have been restructured and the reordering of the chapters provides a coherent flow to the subject matter. Criminal law issues are now dealt with in two separate chapters to enable a more focused approach to content crime. The new edition contains both a significant amount of incremental change as well as substantial new material and, where possible, case studies have been used to illustrate significant issues.
In particular, new additions include:
- Social media and the criminal law;
- The impact of the decision in Google Spain and the 'right to be forgotten';
- The Schrems case and the demise of the Safe Harbour agreement;
- The judicial reassessment of the proportionality of ICT surveillance powers within the UK and EU post the Madrid bombings;
- The expansion of the ICANN gTLDs and the redesigned domain name registration and dispute resolution processes.
Author(s): Diane Rowland; Uta Kohl; Andrew Charlesworth
Edition: 5
Publisher: Routledge
Year: 2017
Language: English
Pages: lxiv+549
Cover
Title
Copyright
Contents
Preface
Table of cases
Table of statutes
Table of statutory instruments
Table of European legislation
Table of abbreviations
1 Regulating information technologies
Information technology law?
The information age, IT law, and their paradoxes
Regulatory theory
Regulatory strategies
Looking forward (and backward and sideways)
2 Regulatory competence over the internet
Introduction
Substantive legal harmonisation
Competence under public and private international law
Transnational online crime
Transnational online civil disputes
3 Intermediaries within online regulation
Introduction
Who is an ‘intermediary’?
Intermediary involvement: Attractions and concerns
Regulatory involvement of intermediaries
‘Immunities’ under the Electronic Commerce Directive
US intermediary immunities
Trends in intermediaries’ regulatory roles
4 Copyright and the internet
Introduction
Hyperlinks
Search engines
File sharing
Technological protection mechanisms and digital rights management
Conclusion
5 Domain names
Introduction
National trade mark law, jurisdiction and domain names
Domain name disputes in the courts
Dispute resolution and rights protection mechanisms
Protecting trade marks in domain names: Which remedy?
The future of domain name disputes
6 Electronic commerce
Introduction
Online contracting
Transnational online contracting
Formalities and signatures
7 Cybercrime
Introduction
What is cybercrime?
Victims and perpetrators
Computer fraud
Computer ‘hacking’
Conclusions
8 Content crimes
Introduction
Cybercrime convention
Concluding remarks
9 Privacy and data protection
Introduction
Data protection: The nature of the problem
Data protection and privacy
Regulatory approaches and initiatives
The Data Protection Directive 95/46/EC and its UK implementation
Other rights of the data subject
Exemptions
Administration and enforcement
Data protection and the internet
Case Study: ‘Big data’
10 Surveillance, data retention, and encryption
Introduction
The Regulation of Investigatory Powers Act 2000
Interception: basic principles
The future of interception, data retention and encryption in the UK
11 Intellectual property rights in software
Introduction
Choice of intellectual property protection
Copyright protection
The Software Directive and its implementation
Patents and computer related inventions
Intellectual property rights in databases
The Database Directive
Concluding remarks
12 Software licences, free and open source licensing (F/OSS), and ‘software as a service’ (SaaS)
Introduction
Goods or services or something else?
The software licence
Copyright ownership
The licence
The EC Software Directive
‘Shrink-wrap’ licences
Resale of software licences
Free and open source software licensing (F/OSS)
Software as a service (SaaS)
Conclusions
Index
